ORDER

This appeal by special leave arises from the order of the learned single Judge of the Kerala High Court made on June 24, 1977 in CRP No. 3375/76. The facts are fairly not in dispute. O.S. No. 95/53 was filed in the court of the Sub-ordinate Judge at Quilon by Palai Central Bank Ltd. to recover the amounts due from D.J. Gonzago, the second respondent. Certain properties appended to the Schedule to the plaint and also items 1 to 7 of the petition were attached before judgment under Order 38 Rule 6, Civil Procedure Code, 1908 (for short the Code ). On April 3, 1954, a compromise decree was made empowering the decree holder to have the scheduled properties including item Nos. 1 to 7 of the additional properties mentioned above. In the meanwhile, the bank went into liquidation. The liquidator brought those properties to sale. With permission of the court those properties were purchased by the decree-holder in execution on June 26, 1969, and the sale was confirmed. On April 25, 1974, these properties, the subject matter in this case, were sold by the liquidator to the first respondent-Thiru Venkita Reddiar.

2. The appellant S. Noordeen, plaintiff in O.S. No. 38/60 on the file of t