S. Krishnan Unni, J.

Petitioner in E.A. No. 8 of 1971 in R.E.A. No. 477 of 1970 in R.E.P. No. 552 of 1965 in O.S. No. 94 of 1954 on the file of Munsiff, Kasaragod is the appellant. O.S.94 of 1954 was a suit filed by Srimath Anantheswar Temple against one Achu for recovery of possession of plaint schedule properties with mesne profits. The properties are situated in R.S. No. 90 and Ext. A61 suit Register gives details of the properties sought to be recovered. O.S. No. 94 of 1954 was decreed ex parte on 15.11.1954; suit property was delivered and execution petition was closed on 10.3.1955. Thereafter, plaintiff filed R.E.P. No. 552of 1965 for recovery of an amount of Rs. 2,244.26 from the judgment-debtor (Achu). They attached 3 items of properties, viz. 34 cents in R.S.88/5,16 cents in R.S.90/1 and 1.25 acres in R.S.90/7. The properties were brought to sale and bid in auction by one Ananda who is none other than the son of Achu, the judgment-debtor. A sale certificate was issued on 18.11.1970. Thereafter, the auction-purchaser filed R.E. A. No. 477 of 1970 for delivery of the properties purchased by him. On 28.11.1970 the execution court passed an order to deliver the pro