JUDGMENT :- The first respondent to the second appeal filed a suit O. S. 55 of 1952 against the fourth respondent herein and obtained a decree on 31-3-53. On 12-6-53, the 1st respondent filed E. P. 137 of 1953 for executing the said decree. However during the pendency of that application the 4th respondent herein was adjudged insolvent in I. P. 13 of 1953. In view of this adjudication E. P. 137 of 1953, was dismissed on 22-6-1954.

Thereafter, the 1st respondent filed E. A. 333 of 1954 in I. P. 13 of 1953, and on 5-2-1955, obtained leave of the Court to execute the decree against the 4th respondent's share in the suit property. Subsequently on 5-5-1955, the 1st respondent filed E. P. 242 of 1955 and attached the one-fourth undivided interest of the 4th respondent in the property of the joint family comprising of himself, respondents 2 and 3 herein and one R. N. Rangachari, who figured as the 1st defendant in the present suit. On 23-11-1959 the first respondent himself purchased said one-fourth undivided interest in the auction. On 4-1-1960, a sale certificate was issued to him and on 17-5-1960, the possession of the said one-fourth undivided share was also delivered to him.