Judgment

RAGHUBAR DAYAL, J. (on behalf of himself and with him SIKRI, J.) : This appeal, presented on a certificate granted by the High Court of Andhra Pradesh, arises out of execution proceedings in execution of a decree dated March 7, 1938. Kudappa Subbanna, plaintiff No. 2 and respondent No. 1 here, was held entitled to the properties mentioned in schedules A and C and to 1/24th share in the properties mentioned in Schedule B attached to the plaint. The defendants in possession of the properties were directed to deliver possession to the decree-holder. The properties in Schedule B were first to be divided in accordance with the shares specified in para. 9 of the plaint and the decree holder was to be allowed the share to which the first plaintiff was shown to be entitled. The trial Court was directed to make an enquiry into the mesne profits from the date of the institution of the suit and pass a final decree for payment of the amount that be found due up to the date of delivery of possession to the second plaintiff. Possession over properties in Schedules A and C was delivered to the decree-holder on February 17, 18 and 20, 1948. On June 23, 1945, the decree-holder filed I.A. 55