( 1 ) THE appeal arises out of the order passed in Misc. 89/87 filed in Ex. Case No. 51/86. The execution proceedings are pursuant to the decree passed in O. S. No. 65/88 of the file of the Civil Judge, mandya.

( 2 ) IT has been a torturous litigation for the parties and in particular to the appellants who are litigating as LRs. of the original plaintiff one Linga Bhatta. It appears that the original plaintiff has bountifully left a legacy of perennial litigation for his third generation. Be it as it may, this appeal poses an interesting question of law about the validity and effect of attachment of property in execution of a decree with reference to the provisions contained in Order 38, Rule 11 and Order 21, Rule 57, CPC.

( 3 ) THE original plaintiff successfully obtained a decree for recovery of money against the husband of the second respondent in a sum of Rs. 80,000/- and odd with costs and interest. The suit was decreed on 16-1 -1970, followed by an execution in Ex. Case No. 41 / 70 by the original plaintiff; successfully a sum of Rs. 75,000/- came to be recovered by sale of two properties. The execution petition was closed on 1-4-1972. However, the second r