1. This is a decree-holder's appeal. In O.S. No. 89 of 1101 on the file of the District Court, Alleppey, the appellant obtained a money decree against one Mytheen Kunju on foot of a hypothecation bond. Though the suit was to enforce a hypothecation an attachment before judgment was taken out by the appellant of certain immoveable properties on the footing they belonged to the defendant. Immediately the defendant's children (four in number) came forward with a claim in C.M.P. No. 5529 of 1101 that the attached properties were not liable to be proceeded against for any debt the defendant might owe, in that they (the claimants) had obtained full title to and possession of those properties under a registered udampady dated 22.8.1100 and that the defendant had no subsisting interest thereto. That claim petition was allowed to lie over until after the passing of the decree which took place on 14.3.1103. It is this decree which is now under execution.

2. Soon after the decree was passed, to be precise, on 18.6.1103 the appellant filed an execution application in E.P. No. 279 of 1103 for bringing the hypotheca and the properties attached before judgment to sale. The claim was en