1. This revision comes before a Division Bench having been referred by one of us on account of the practice prevalent in the Travancore area of permitting, what is called, anticipatory resistance or obstruction which was given effect to as cursus curiae in 1951 (6) D.L.R. Travancore-Cochin 434 which decision reserved the question of the applicability of that practice to proceedings started after the Indian Code of Civil Procedure was extended to this State on 1st April 1952.

2. The suit out of which these proceedings arise was between two Christian brothers. Recovery of a slice of immovable property with the building thereon was the relief sought for and granted. The basis of the action was trespass by the defendant. The case was fought in three courts and ultimately the plaintiff succeeded. Before execution was applied for, the defendant's son approached the trial court with a petition stating that a part of the site and a building thereon were given to him by his father under an arrangement some years after the litigation started and that bit of property and building are not liable to be surrendered in execution of the decree. The decree-holder opposed this application