Hon'ble MISRA, J.—Leave granted.

2. In this appeal, the assail is to the order dated 19.9.2009 passed by the learned single Judge of Jharkhand High Court at Ranchi in C.R. No. 53 of 2007 by which he has dislodged the order dated 10.7.2006 passed by the learned Sub-Judge (I), Ranchi, whereby he had dismissed the Execution Case No. 8 of 2004 filed by the respondents as being barred by limitation.

3. Filtering the unnecessary details, the facts which are requisite to be frescoed for the purpose of disposal of the present appeal are that one Kanilal Kasera filed a Partition Suit No. 131 of 1962 against his father, Nanak Kasera, and other brothers. The suit was compromised leaving aside Kishori Lal Kasera, the father of the present appellants, and a joint petition of compromise between the plaintiff and the defendant Nos. 1, 2, 4 to 9 and 11 to 18 was filed. It is worth noting that Kishori Lal Kasera had appeared in the suit and filed the written statement but thereafter chose not to contest.

4. The petition of compromise contained that the defendant Nos. 1, 9, 11 and 12 had relinquished and given up all their interests in item Nos. 3 and 8 of the suit schedule of property, being Holding No. 285 of new holding No. 509A of Ward No. II situated on portion of Municipal Survey Plot No. 621 and Holding No. 431 of Ward No. 1 situated on Municipal Survey Plot No. 902, and further declared that they had no claim or concern with any other properties involved in the suit; that the business, namely, "SEVEN BROTHERS STEEL FURNITURE WORKS", item 5 of the schedule, belonged exclusively to the defendant No. 2, Moti Lal Kasera, and neither the plaintiff nor any of the other defendants either ever had or shall ever have any claim or interest; and that one half of the house and premises comprised in Municipal Holding No. 431, Ward No. 1, item 3 of the schedule, and half of Holding No. 509 A of Ward II, situated on portion of M.S. Plot No. 631, item 2 of the schedule, shall belong to the defendant No. 2 with all the liabilities and outstanding dues and the plaintiff and the other defendants shall have no liabilities or interest in the said properties; and that the business carried on under the name of 'Chotanagpur Tin Works', item 6A of the schedule, was the sole separate business of the defendant No. 5, Prakash Kumar Kasera, and the plaintiff or the other defendants had no claim on the said property.

5. The application further contained that the partition of the house and premises comprised in Holding No. 431 of Ward I, item 3 of the schedule, marked in green colour in the exhibit, shall belong exclusively to the defendant no. 4, Mohan Lal Kasera, and neither the plaintiff nor the other defendants shall have any claim or interest; that the -business of iron shop at Bazaar Tan Ranchi, item 6 (c) of the schedule, was the separate and exclusive business of the defendant No. 6, Surendra Lal Kasera, and none others had any claim or interest and the portion of the building and premises comprised in Municipal Holding No. 431 of Ward No. I, item 3 of the schedule, marked in yellow colour, shall also belong to the defendant No. 6 and no one else had any claim or interest; that the portion of the building and premises comprised in Municipal Holding No. 431 of Ward No. I, item 3 of the schedule, marked in blue colour, and one-half of the shop premises comprised in Holding No. 509 A over portion of M.S. Plot No. 621 being item No. 2 of the schedule to the plaint shall exclusively belong to the plaintiff and he shall have absolute right over the same.

6. That apart, the plaintiff had agreed to pay up all outstanding dues of Bindrilal Agarwalla against the defendant No. 1 and none of the defendants shall be liable for the same.

7. It was also agreed upon that the House situated on Holding 6 Ward II of the Ranchi Municipality being comprised of Khata No. 71 plot No. 72 area 61 decimal and plot No. 79 area 7½ decimal total area measuring 14 decimal, being item No. 4 of t

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