JUDGMENT :- This appeal arises out of an application, E. A. No. 37 of 1966 in O. S. No. 72 of 1959 on the file of the District Munsif Court, Poonamallee, filed under Section 144, Civil P. C. for restitution. The facts leading up to the application are these : One Kesava Naicker (respondent 1 in the application) had obtained a money decree in O. S. 255 of 1957 against Munuswami Gramani (respondent 2 in the present application) and, in execution of that decree, brought to sale the items of properties covered by the present application. The present appellant Sundaramurthi Gramani, who is the younger brother of Munuswami Gramani filed a claim petition. E. A. 1289 of 1958 under Order XXI, Rule 58, Civil P. C. contending that the properties were the joint family properties of himself and his brother Munuswami Gramani, that there had been no division between them, that he (Sundaramurthi) was entitled to an undivided half share and that his undivided half share should be released from attachment. This claim petition was dismissed on 4-12-1958. Thereupon, Sundaramurthi filed a suit under Order XXI, Rule 63, Civil P. C. numbered as O. S. 72 of 1959 in the same court. The defendants to the su

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