(Prayer: The execution petition filed under Order XIV Rule 10 of O.S.Rules r/w Order XXI Rule 35 & 36 of Civil Procedure Code praying to order delivery of possession forthwith from the hands of the Obstructors to the petitioner/Decree Holder.)

1. This execution petition has been filed seeking delivery of possession pursuant to a decree in C.S.No.810 of 1996.

2. The short facts that led the Master directing the execution petition to be posted before the Court are as follows:

The decree holder claims to have entered into an agreement of sale on 22.06.1995 with one S.Narasimhan to purchase the property in question for a total sale consideration of Rs.19,00,000/- and has paid an advance of Rs.80,000/-. The said agreement of sale itself discloses the equitable mortgage created by the vendor in favour of Indian Overseas Bank for Rs.5,00,000/- and another simple mortgage created in favour of one Mr.Nemichand Bansali for a sum of Rs.50,000/-. The said agreement also stipulates that if the vendor is unable to fulfil the commitment by 31.08.1995, he shall return the advance amount paid with 15% interest per annum from 01.01.1995. If the purchaser is unable to fulfil his part, the adva