K. Bhaskaran, Ag. C.J.

1. The appellant is the decree holder in Summary Suit No. 845 of 1974 on the file of the Bombay High Court. The decree in the said was sent to the Sub Court, Pathanamthitta for execution. The execution proceedings are stated to be pending before that Court. It would appear that there was an attachment before judgment of the stock in trade, items of furniture, fixtures, fittings and other movables which belonged to the defendants together with the goodwill of the defendants' business carried on by them in the name of M/s. Geetha Textiles. The attachment order was sent to the Quilon District Court for execution. The attachment was effected. However, on 7-9-1974 the appellant and the judgment debtor entered into a compromise whereby the judgment debtors agreed to pay the amount due from them in instalments; and also under-took that they would not dispose of the properties mentioned in the scheduled annexed to the order of attachment before judgment dated 23rd August, 1974 (except stock in trade). On the basis of this compromise a consent decree was passed on 3-2-1975. The judgment debtors having failed to comply with the terms of the compromise, the appel