When execution was sought to be taken and the appellant resisted the execution, an application under Order 21 Rule 97 of CPC was filed to remove the obstruction which was ordered by the Executing Court.
By companypromise decree dated November 26, 1981, Harkesh Rai agreed to surrender one room number in possession of the appellant.
On appeal, the High Court by order dated August 16, 1983 in A.1/91 dismissed the appeal.
The suit was dismissed on August 25, 1975.
Again another suit was instituted on September 25, 1975 for the same grounds.
Pending appeal, Harkesh Rai and the respondent have companypromised the matter.
The suit was again dismissed.
Leave granted.
Thus this appeal by special leave.
