Judgment

DUJA, J. : These two civil appeals by special leave (Nos 901 and 902 of 1966) are directed against the judgments and orders of the Mysore High Court at Bangalore dated June 30, 1964 and October 30, 1964 respectively. By means of the judgment and order dated October 30, 1964 the High Court rejected applications for review of its order dated June 30, 1964. Civil Appeal No. 902 of 1966 was not pressed by the learned counsel for the appellant with the result that that appeal must be dismissed. We make no order as to costs in that appeal.

2. The present controversy arises out of execution proceedings in respect of decree in a partition suit instituted by one Sahebbi, a member of a Muslim family. The suit was instituted by her for partition by metes and bounds and for possession of her share in the property left by her grandfather Mirsab. It would be helpful at this stage to reproduce the pedigree table of the family:

In the plaint reference was made to some alienations, which, it was pleaded, were not binding on the plaintiff. In this appeal we are only concerned with the mortgage decree obtained by one L.B. Pinto (original defendant No. 12 in the suit) on whose death A. J. Pinto