JUDGMENT :

P.K. Subramonia Iyer, J.

The sole question for determination in this appeal would sound strange and it is whether the decree in O.S. No. 41 of 1117 on the file of the court below which was reversed by the High Court in A.S. 741 of 1119 is nevertheless available for execution. The facts are these: The suit was brought by the karnavan of a Nair tarwad as the first and his senior anandiravan as the second plaintiff for declaration of their tarwad’s title to and recovery of possession by redemption of certain items of immovable property. The suit was resisted by defendants 1 and 4 who claimed the property as belonging to their tarwad (defendants 1 to 37) and not liable to be redeemed for the said and other reasons set out in their written statements. The first plaintiff died during the pendency of the suit and the second, the succeeding karnavan, continued it and obtained a decree in his favour, having meanwhile got the 38th defendant (the next senior anandiravan) impleaded as the legal representative of the deceased karnavan besides himself, a curious procedure whose only consequence is this unnecessary and vexatious proceeding in execution of a defunct decree as the sequel w