JUDGMENT

UNTWALIA, J.(for himself and on behalf of R. S. Sarkaria J.):— These two appeals by special leave are from the common judgment of the Karnataka High Court. In the year 1945, a suit for partition and possession was filed by the original respondent No. 2 (since deceased and his heirs substituted). In the said suit all the co-sharers were impleaded as defendants 1 to 7. The 4th respondent in these appeals was defendant No. 1 and the predecessors-in-interest of the appellants were defendants 5 and 6. Each branch had 1/7th share. A preliminary decree was passed by the trial Court on December 13, 1954, which was eventually confirmed by the High Court in a second appeal decided on January 16, 1963. After the passing of the preliminary decree in the year 1954, in accordance with the law prevalent in the State of Karnataka (then known as Mysore State), an execution case being L. D. 117 of 1956 was filed by the plaintiff-decreeholders and the appellants in the Court which had passed the preliminary decree for final partition and possession; the same had to be made and given by the Collector. In the execution case was impleaded respondent No. 1 in these appeals as judgment-debtor No.