proceedings.” The view taken herein was affirmed by a Bench of three judges in Balvant N. Viswamitra v. Yadav Sadashiv Mule21, and followed recently, in Asma Lateef v. Shabbir Ahmad22. 12.7 Execution petition dismissed for default of the decree-holder does not operate as res judicata qua “further execution of the decree.” Shivashankar Prasad Shah v. Baikunth Nath Singh23 records the position of law as below:- 19 (2009) 2 SCC 294 20 (2004) 1 SCC 287 21 (2004) 8 SCC 706 22 (2024) 4 SCC 696 18-SLP(C) 9202-9204 OF 2016“6. The courts in India have generally taken the view that an execution petition which has been dismissed for the default of the decree-holder though by the time that petition came to be dismissed, the judgment- debtor had resisted the execution on one or more grounds, does not bar the further execution of the decree in pursuance of fresh execution petitions filed in accordance with law — see Lakshmibai Anant Kondkar v. Rayji Bhikaji Kondkar [XXXI, BLR 400] . Even the