ORDER

The plaintiffs are in appeal before us. They brought a suit for possession in respect of certain parcels of agricultural land and for recovery of mesne profits. Their case is that one Madhorao had effected a mortgage of the suit lands in their favour and he brought a suit for redemption which was decreed and on his filing execution petition the same was resisted by the appellants on the ground that it was barred by limitation. The executing court however overruled the objections raised by the appellants and in execution of the aforesaid decree delivered possession of the suit lands to Madhorao on 15-7-1949. On appeal filed by the appellants the Addl. District Judge, Garoth, reversed that order of the executing court and held that the application for execution was barred by time. When the matter was carried further by Madhorao the order passed by Addl. Distt. Judge was upheld.

2. The appellants filed an application for restitution on 12.5.1953. That application was rejected on an objection being raised by one Kishan Lal stating that he was in possession of the lands in question, who was not a party to earlier proceedings. So the present suit has been filed by the appellants aga