JUDGMENT

Misra, J. - This appeal, though termed by the office as an execution first appeal, is an appeal arising out of proceedings u/s 144, Civil P.C. Such proceedings, as has1 been held by a Full Bench of this Court in Parmeshar Singh and Others Vs. Sitladin Dube and Another , are not proceedings in; execution of decree. The facts which have given rise to this appeal are as follows : The applicant in this appeal filed a suit in the year 1927 for specific performance of a contract of sale against Munshi Mahyar Khan, defendant-respondent 1, and Kunwar Nand Lal deceased, predecessor-in-interest of defendants-respondents 2 to 4. The suit was dismissed, by the trial Court of the Civil Judge with costs. By executing their decree for costs defendant-respondent 1 realized from the plaintiffs a sum of Rs. 683 on 22nd June 1928 and Nand Lal deceased realized Rs. 662-2-6 his costs on 24th January 1929. The plaintiffs filed an appeal against the decree of the trial Court and on 24th July 1930 this Court allowed the appeal, set aside the decree of the trial Court and passed a decree for specific performance of the contract in the following terms:

The result therefore is that we allow this appea