P. KODDANDA RAMAYYA, J.

( 1 ) DEFENDANTS 7 and 8 are the appellants. The suit is laid for partition and possession of the plaintiff s 5/6th share of the plaint A schedule properties ignoring the alienations made in favour of defendants 4 to 6. The plaint case is that the first defendant is the father, second defendant is their mother and plaintiffs 1 to 5 and defendant No. 3 are brothers and the promissory notes executed by the mother on benalf of the plaintiffs under Exs. B. 4 and B-2 and the consequent decrees obtained O. S. Nos. 272 of 1970 and 369 of 1971, PZxs. B-5 and B-1 respectively arc void and unenforceable. The 4th defendant is the creditor. The 5th defendant is the alienee of item 1. D-6 is the alienee of item 2. D-7 is the creditor under the promissory note ex. B-2 who obtained decree under Ex. B-l in O. S. No. 369 of 1971. D-4 is the Creditor under Ex. B-4 who obtained the decree in O. S. No. 272 of 1970 in that case as per Ex B-5. Pending the suit the property Item 1 was sold and the same was purchased by D-7. The suit was decreed in so far as item 2 is concerned and dismissed in so far as item 3 is concerned, and they have become final as that part of the decree is n

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