Rajadhyaksha, J. :- The facts giving rise to this appeal from order are these. The plaintiff is a nephew of defendant 1. The plaintiffs father died in about 1935, leaving behind him his widow, a minor son the present plaintiff and his brother defendant 1. In 1932 1933, the plaintiffs uncle defendant 1 took up a ferry contract, and as he did not pay the amount of the bid, the undivided property of the plaintiff and defendant 1 consisting of certain mulgeni rights in Survey No. 16 of Phattubele village was brought to sale and was eventually purchased by defendant 2 as an auction sale. In 1940, the plaintiff who was even then a minor brought a suit, No. 217 of 1910, through his guardian mother asking for a declaration that the auction sale held in 1935 in favour of defendant 2 was not binding upon the plaintiffs half share in the suit property and for an injunction restraining defendant 2 from taking the income of his share of the property. The suit was dismissed as the relief of possession which it was possible for him to claim had not been claimed. There was an appeal against that decision to the District Court, being Appeal No. 100 of 1942, and in that Court the plaintiffs