H.R. Panwar, J.— This civil second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short “the Code” hereinafter) is directed against the judgment and deemed decree dated 29.7.2009 passed by learned Additional District Judge No. 1 Jodhpur (for short ‘the first appellate court’ hereinafter) whereby the appeal filed by the appellant against the order (decree) dated 23.1.2009 passed by Additional Civil Judge (Junior Division) No. 2, Jodhpur (for short ‘the trial court’ hereinafter) in Civil Misc. Case No. 28 of 2006 in Execution case No. 26 of 2006 under Order 21, Rule 97 of the Code has been dismissed.

2. Briefly stated the facts of the case to the extent they are relevant and necessary for the decision of this second appeal are that a civil suit for eviction and arrears of rent came to be filed by the respondents landlords against tenant Ramgopal on the ground of default in payment of monthly rent and subletting the premises to the appellant applicant Subhash Sharma and Dilip Sharma before Additional Munsiff No.2, Jodhpur being Civil Original Suit No.52/93. The suit came to be decreed by trial court by judgment and decree dated 3.2.1994 against tenant Ramgop