( 1 ) THIS appeal is directed against the order of the I Additional City Civil Judge, Bangalore City, in Miscellaneous Appeal No. 244 of 1980 dated 11-12-1985 setting aside the order of the I Additional I Munsiff, Bangalore, in Misc. No. 435 of 1975 dated 25-8-1980 dismissing the petition for restitution of the immovable property.

( 2 ) BRIEFLY set out, the following are the material facts: - sheik Hyder @ Ameer Sab sued and obtained a judgment and decree against the father of Syed Nazir Sab, Syed Kalaq, Syed gaffar, Abidabi and Salihabi in O. S. No. 899 of 1954. In pursuance of the decree, a house property was brought to sale in Court auction in Execution Case No. 867 of 1955. The property was purchased by Mir Fatheulla @ babajan. Meanwhile, the father of Syed nazir Sab and four others demised and the children were brought on record as legal representatives and the application filed by them for setting aside the sale was in vain. Thereupon, they preferred an appeal to the Civil judge and the order was set aside and the matter came to be remanded. On remand, the Court confirmed the sale. The order of confirmation was the subject-matter of challenge before this Court