ORDER :- This petition is filed by one Veerappa Chettiar, respondent in E. A. 479 9f 1971, against the order of the Subordinate Judge. Devakottai directing rateable distribution of the assets in court between him and the petitioner in E. A. 479 of 1971.

2. The petitioner herein filed the suit O. S. No. 1 of 1970 in the Sub Court. Devakottai obtained a decree and brought the property to sale. The property was sold on 14-6-1971. On that day itself a sum of Rs. 1425 was deposited in court and the balance of Rupees 4275 was deposited on 25-6-1971. The sale was confirmed in favour of the auction purchaser on 17-7-1971.

3. The respondent herein filed the suit O. S. 581 of 1970 against the same judgment-debtor as in O. S. 1 of 1970 in the District Munsif Court of Melur and obtained a decree on 18-1-1971. He got the decree transferred to the District Munsif Court, Devakottai, on 10-6-1971. He took out an execution application and had the property attached on 23-6-1971. He applied for rateable distribution of assets in the Sub-Court. Devakottai on 5-8-1971.

4. As already stated, after the sale in execution of the decree in O. S. 1 of 1970 the sale proceeds a sum of Rs. 1425 on 14-6-1971 and th

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