JAGAT NARAYAN, J.—This is a judgment-debtors execution second appeal against an appellate order of the District Judge Jhunjhunu.

2. The facts which have given rise to it are these. Mahadeo Lal respondent No. I brought a suit for mandatory injunction against Thakur Bhim Singh respondent No. 2 and Dr. Ram Kumar appellant in respect of a piece of land 1561/2 ft. x 11 ft. on which the appellant had made some constructions. The trial court passed a decree in favour of the plaintiff on 29-4-52. Under this decree Dr. Ram Kumar was directed to demolish his constructions standing on the land in dispute within one month failing which they were to be removed at his expense on the plaintiffs applying to the court for execution. In the alternative the defendants were given the option of paying Rs.257/- by way of compensation to the plaintiff within one month failing which the decree for mandatory injunction was to become absolute.

3. Neither of the two defendants paid nor tendered the sum of Rs. 257/- to the plaintiff during the period stipulated in the decree. On 2.7.52 on the re-opening of the courts after the vacation the appellant filed an application to the court explaining various circumsta

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