ORDER

1. This miscellaneous petition has been preferred by petitioners /defendants 1-2/judgment debtors challenging order dtd. 07.08.2023 (Annexure P/8) passed by 1st Civil Judge Senior Division, Chhindwara in execution case no.1/2023 whereby executing Court has dismissed petitioners' application under Section 47 r/w Section 151 CPC and has directed issuance of warrant of possession against the petitioners (Smt. Ushabai and Smt. Rukmanibai).

2. In the civil suit filed by respondents/plaintiffs, trial Court passed following decree. Last para of judgment dtd. 07.08.2009 passed by trial Court reads as under :

3. Aforesaid judgment and decree of trial Court was modified by first appellate Court vide its judgment and decree dtd. 25.02.2013, last para of which reads as under :

4. Learned counsel for petitioners submits that by passing judgment and decree on 25.02.2013, 1st Additional District Judge, Chhindwara, in civil appeal no.30-A/12 modified judgment and decree dated 07.08.2009 passed by trial Court in civil suit no.21-A/08, but executing Court without taking into consideration modified decree, has dismissed petitioners' application and ordered to issue warrant of possession even withou