( 1 ) THE defendants in O. S. No. 3 of 1973 in the Court of the Civil Judge, Coorg, mercara, have, in this appeal, challenged the correctness and legality of the decree dated 5-2-1976 passed by the Civil judge.

( 2 ) THE facts that are undisputed may briefly be narrated as follows : one Devayya had three sons Chengappa, Uttayya and Biddayya. On 10-12- 1952, Devayya and Chengappa mortgaged the suit properties to the respondent- plaintiff Company under the deed Ex. P-2 as an amount of Rs. 40,000/- or so was due to it in view of some transactions by chengappa. The plaintiff filed 0. S. No. 19 of 1954 for recovery of the mortgage amount. Preliminary decree was passed on 29-9-1955.

( 3 ) BIDDAYYA expired in the year 1954.

( 4 ) AS against the preliminary decree in O. S. No. 19 of. 1954, Regular Appeal no. 34 of 1956 was filed in this Court. Devayya expired during the pendency of the appeal. This Court passed a decree dated 10-10-1960 as per Ex. P-4 holding that half share in the suit properties belonging to Devayya and Chengappa was liable to meet the mortgage debt. The plaintiff filed Civil Appeal No. 667 of 1963 in the Supreme Court of India. The supreme Court dismissed th