JUDGMENT

Admittedly, the execution petition was filed by Rajeshwari Amma, Sukumara Pillai and Neelamma Pillai, the legal representatives of the deceased Kolappa Pillai. After the execution petition was ordered by the Court of District Munsif at Kuzithurai in E.P. No. 274/81 in O.S. No. 14/61 dated August 12, 1981, the respondents carried it in revision to the High Court. Therein only the deceased Kolappa Pillai, Rajeswari Amma and Sukumara Pillai were impleaded as respondents omitting Neelamma Pillai. In other words, the order of the Executive Court directing delivery of possession which was executed and possession taken in favour of the three persons was challenged against only two persons. The order in favour of 3rd person, namely, Neelamma Pillai became final. The Execution Petition being of the same property which is undivided between the decree-holders, the question emerges whether the High Court was right in allowing C.R.P. No. 2747/82 by order dated July 1,1985 as against the unimpleaded respondent and whether that order also comes in aid to the appellants. On going through the record we find that there is some force in the arguments of Sri G. Viswanatha Iyer, the learned Se