( 1 ) ORIGINAL Suit No. 625 of 1975 was instituted before the Munsif, Muzaffarnagar for specific performance of a contract by the plaintiff-decree holder against the defendant-petitioner. The suit was decreed on 30th September. 1980. After the decree became final, an execution was levied. Execution Case No. 32 of 1984 was registered thereupon. In the said execution process, a draft deed was prepared and submitted to the Court for approval. The judgment debtor objected to one of the clauses being incorporated in the draft deed. The objection was overruled by an order dated 24th March, 1998 passed by the learned Civil Judge (J. D.), Muzaffarnagar in said execution Case No. 32 of 1984. Thereupon, the petitioner preferred an appeal being Misc. Appeal No. 58 of 1998. It was partly allowed by an order dated 21. 4. 1998 passed by the learned additional District Judge, IInd Court, Muzaffarnagar. It is this order which has since been challenged in the present writ petition.

( 2 ) KM. Usha Kiran, learned counsel for the petitioner had argued that in the decree it was directed that the deed should be executed within a period of one month. The judgment debtor did not execute the