( 1 ) THE facts giving rise to this appeal arc that on 3rd July 1948 a decree for possession of certain lands was passed by the Court of Munsiff, Khargone, in favour of the respondent arid against the appellant. On 9th October 1948 the respondent filed an application for execution of the decree in the Court of Munsiff, Khargone. The execution of the decree was, however, stayed until 19'h September 1949 by an order of the District Judge of Mandleshwar in an appeal preferred by Mannalal. That appeal was dismissed. Thereupon Mannalal preferred a second appeal in the Madhya Bharat High Court and the execution of the decree was again stayed by the High Court till the disposal of the appeal filed by Mannalal. The appeal filed in the High Court was also dismissed on 27th February 1951. A review petition was then filed by Mannalal in the Madhya Bharat High Court which was rejected on 25th April 1955. Thereafter the decree-holder moved the Court in which he had filed an application for execution of the decree of the original Court on 9th October 1948 for resuming the execution proceedings. The executing Court, however, directed him to amend his application for execution in a