Sunita Agarwal, J.

Heard Sri Pramod Kumar Jain, learned Senior Advocate for the petitioner and Sri U.S. Mishra, learned counsel for the respondent.

2. The writ petition is directed against the order of the revisional Court allowing Civil Revision No. 396 of 2002 holding that the executing court has exceeded in its jurisdiction in allowing the application 3Ga2 under Section 47 CPC read with Section 151 CPC filed by the respondents thereby dismissing the execution case.

3. Brief facts giving rise to the present writ petition are that an Original Suit No.1221 of 1991 was filed by the respondent Harendra Pal Rathi for specific Performance of the agreement to sell alleged to have been executed by the petitioners. The contention was that against the sale consideration of Rs. 1,18,000/-, the respondent had paid Rs. 90,000/- on 7.3.1991 i.e. on the date of execution of agreement. For the remaining Rs. 28,000/- the plaintiff has always been ready and willing but the defendants did not execute the sale deed. The suit was decreed ex-parte. The Trial Court had decreed the suit on 24.2.1996 directing the defendants to execute the sale deed within two months from the date of decree after