JUDGMENT

Dipak Misra, J.

Leave granted.

2. In this appeal, the assail is to the order dated 19.9.2009 passed by the learned single Judge of Jharkhand High Court at Ranchi in C.R. No. 53 of 2007 by which he has dislodged the order dated 10.7.2006 passed by the learned Sub-Judge (I), Ranchi, whereby he had dismissed the Execution Case No. 8 of 2004 filed by the respondents as being barred by limitation.

3. Filtering the unnecessary details, the facts which are requisite to be frescoed for the purpose of disposal of the present appeal are that one Kanilal Kasera filed a Partition Suit No. 131 of 1962 against his father, Nanak Kasera, and other brothers. The suit was compromised leaving aside Kishori Lal Kasera, the father of the present appellants, and a joint petition of compromise between the plaintiff and the defendant Nos. 1, 2, 4 to 9 and 11 to 18 was filed. It is worth noting that Kishori Lal Kasera had appeared in the suit and filed the written statement but thereafter chose not to contest.

4. The petition of compromise contained that the defendant Nos. 1, 9, 11 and 12 had relinquished and given up all their interests in item Nos. 3 and 8 of the suit schedule of property, bei