This appeal arises from the Judgment and Decree of the learned District Judge of Coimbatore reversing that of the District Munsif of Coimbatore dismissing an execution petition. The facts are these:

The respondent, the decree-holder, obtained a money decree against one Nanjappa Goundan. This decree was passed on 11th December, 1952. While this suit was pending, the sons of Nanjappa Gounder filed a partition suit the preliminary decree in which was passed on 6th December, 1952. It is not clear when this partition suit was filed. According to the learned District Munsif, it was filed on 1st June, 1952, while according to the learned District Judge, it was filed on 21st July 1952 In any event, it is clear that a severance in status among the members of the joint Hindu family composed of Nanjappa Gounder, the judgment-debtor, and his sons had become effective even before the date on which the decree-holder-respondent obtained his money decree against Nanjappa Gounder The respondent filed E.P. No. 201 of 1953 in execution of his money decree. While it was pending, the moratorium Acts came into force so that the execution petition was closed on 9th January, 1954. The Court made