JUDGMENT : Dr. B.S. Chauhan, C.J. - This appeal has been filed by the Appellant against the judgment and order of the Learned Single Judge dated 3.12.2007 directing the Execution Court to proceed without the application for execution recording a finding of fact that in earlier execution proceedings, one of the decree holder had filed an affidavit abandoning certain claim. No order had ever been passed taking into consideration the averments of the affidavit or recording that she had abandoned certain part of share mentioned therein and there was no bar in law to bring second execution proceeding. 2. Learned Counsel for the Appellant had taken us through the order passed by the Executing Court in Execution Case No. 2 of 1994 dated 28.10.1997 which reads as under:? Advocate for Decree Holders files hazira. Advocate for judgment Debtors files hazira. Decree Holders files an affidavit stating that she has given up her claim, right, title and interest over the plot No. 349 of village Girima and Plot Nos. 1013 of Karanjia and she has fully satisfied with the delivery of possession so far made in her favour by the process server of the Hon'ble Court. In future also she has no claim in any manner over the aforesaid two plots. She has no objection if the execution proceeding is disposed of confirming her possession over the lands so far delivered in her favour as has been reflected in the report of civil Court commissioner..Call on 10.11.1997 for objection if any by the judgment Holders. 3. On 10.11.1997, the matter was adjourned to 15.11.1997 and on 25.11.1997 the following order was passed. Judgment Debtors are absent on calls. No steps taken on their behalf. Debt Holder through advocate files hazira. No steps taken. Hence the execution proceeding is dismissed on part satisfaction 4. It is evident from the aforesaid order that the Learned Executing Court without applying its mind to the Execution Proceeding could not have passed the final order either accepting or rejecting the affidavit filed by one of the judgment Holders. In view of the above, the judgment and order of the Learned Single Judge does not require any interference whatsoever.