Though, the case is fixed for admission, at the request of the parties, it is finally heard. C.S. No. 61-S176 as against defendant Nos. 8,9 Amaan and Gyarsa was decreed vide judgment-decree dated 10.10.1977, Court of Civil Judge -- Class-I, Raisen. The defendant Nos. 8, 9 Amaan and Gyarsa did not prefer appeal against that judgment-decree, however, the suit in respect of remaining defendants since was dismissed the plaintiff-respondent preferred an appeal No. 10-A/88 in the Court of District Judge, Bhopal. This was decided on 29.8.1991. Thereafter, on 27.9.1994 execution petition was filed against the petitioners who are legal heirs of deceased Amaan, was resisted on the grounds:

(i) That there being no decree of possession in C.S. No. 61-N76 the petitioner cannot be directed to deliver possession of the suit land.

(ii) The execution petition is barred by time as it has been filed after the prescribed period of limitation.

It was held by the impugned order dated 23.3.1991 passed by Civil Judge Class-II, Raisan, that the decree for possession was passed against the defendants Nos. 8,9 in the suit vide judgment dated 10.10.1977. The Civil Judge held that the