P.K. Balasubramanyan, Ag. C.J.

1. The appellant is the petitioner in E.A.455 of 1999 in E.P. 319 of 1996 in O.S. 385 of 1992 on the file of the Subordinate Judge's Court of North Paravur. That application was filed by him invoking O. XXI R.97, O. XLVII R.1 and S.151 of the Code of Civil Procedure. The appellant, the petitioner in E.A. 455 of 1999, is the father of the judgment debtor in O.S. 385 of 1992. The decree holder in that suit was impleaded as respondent No.1 and the judgment debtor was impleaded as respondent No. 2 in E.A. 455 of 1999. That application was opposed by the decree holder. The Court below, after an enquiry, dismissed that application. Hence, this appeal is filed by the appellant invoking O. XXI R.103 of the Code of Civil Procedure read with O. XLI R.1 thereof.

2. The appellant, hereinafter referred to as "the claimant", along with his four sons and three daughters are the heirs of his wife Mariya. Mariya died. The properties inherited from Mariya and an item of property purchased jointly by Mariya and the claimant, were the subject matter of a settlement or partition, marked Ext. A4 in the proceeding. Under that settlement or partition dated 15.10.19