VENKATESWARA RAO, J.

( 1 ) THIS appeal, which arises out of execution proceedings is directed against the judgment in A. S. No. 3/68 on the file of the District Judge. West Godavari. The decree-holder is the appellant.

( 2 ) THE appellant filed O. S. No. 153/55 against the respondent for recovery of money in the Court of the District Munsif. Tanuku. During the pendency of that suit, he got some immovable properties attached before judgment as belonging to the respondent. The father of the respondent intervened with a claim regarding item 1 of the attached property alleging that it had fallen to his share at a family partition with his son. That claim having been rejected, he filed O. S. 11/57 under Order 21 Rule 63 C. P. C. and obtained an injunction on 21-5-1957 restraining the decree-holder from proceeding with execution against item 1 of the attached property pending disposal of the suit. That suit was decreed on 13-8-1959. The decree-holder carried the matter in appeal to the District Court in vain and the second appeal preferred by hi to the High Court also shared the same fate as it was dismissed on 10-12-1965. During the pendency of those proceedings, the claimant settled all

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