1. On 27-11-1978 the trial court passed a decree of mandatory injunction in OS 550/76, for demolition of a hut, within one month. The defendant appealed; and in IA 661/79 in AS 52/79 the District Court passed an order on 29-3-1979 staying "all execution proceedings" in the suit, pending disposal of the appeal. The appeal was eventually dismissed on 5-2-1982. On 8-6-82 the decree holder filed EP 133/82 for execution of the decree. The judgment debtor objected. The executing court over-ruled the objections by order dated 13-1-83 and it is this order which is now under challenge.

2. EP 133/82 was admittedly an application for executing the decree in AS 52/79. The first contention urged on behalf of the petitioner (judgment-debtor) is that as he had filed SA 584/82 before this Court, against the judgment and decree of the District Court, what could have been put into execution was only the decree in the S. A., and that too, only after suitably amending the E P., and not the decree in the First Appeal. It is said that the decree in AS 52/79 had merged in the decree in SA 584/82 (though the S. A. was dismissed in limine) and that consequently the former had ceased to exist and