Judgment

SARKAR, J.: These appeals arise from two miscellaneous applications made to the trial Court which was the Court of the Civil Judge. Nadiad in the State of Gujarat. One of these applications was for execution of orders for costs awarded and the other was under S. 144 of the Code of Civil Procedure for restitution of money and property taken in execution of a decree reversed in appeal. The appellant is the successor in interest of the plaintiff in the suit out of the proceedings of which these appeals arise and the respondents were the defendants there.

2. The appellants predecessor-in-interest had filed the suit for possession of land against the respondents and another person, now dead. The suit was decreed with costs by the trial Court on November 30, 1945 but that decree was set aside on July 13, 1949 on appeal by the defendants to the High Court of Bombay. While the appeal was pending the appellant s predecessor-in-interest had in execution of the decree of the trial Court obtained possession of the land and realised the costs awarded. Also pending the appeal the appellant s predecessor-in-interest having died the appellant was substituted in his place. After the appellat