Basheer Ahmed Sayeed, J.-This appeal arises out of the order passed by the learned District Judge of North Arcot, in E.A.No.19 of 1950 in E.P.No.15 of 1948 in O.S.No.71 of 1927 on the file of the Sub-Court, Vellore. The appellant is the 1st respondent in Application 19 of 1950. The first of the two respondents in the appeal before us was the petitioner in the lower Court.

The first respondent in his petition filed under section 47, Civil Procedure Code, prayed to the District Court that the, properties described in his petition which are comprised in Schedule A to the execution petition should be exonerated from liability under the decree in execution on the ground that the second respondent Kanniappa Mudaliar had no saleable interest in the suit properties and that the first respondent was entitled to the same by virtue of his purchase in Court auction held in E.P.No.2 of 1943 in the suit O.S.No.71 of 1927 on the file of the Sub-Court, Vellore. O.S.No.71 of 1927 was a suit for partition by two plaintiffs as against 10 defendants. A preliminary decree was passed on the 4th August, 1930 and against that decree an appeal was filed by the first defendant in the suit. The appeal was A.S

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