Venkatarama Ayyar, J.-This appeal arises out of proceedings in execution of the decree in O.S.No.6 of 1936 on the file of the Court of the Subordinate Judge of Kozhikode. That was a suit instituted by one Appunni Nayar against the appellant for recovery of amounts due under three promissory notes and it was decreed on 30th March, 1936. There were various proceedings in execution of that decree but we are concerned only with the last of them, E.P.No.71 of 1943. In this execution application the immovable properties of the judgment-debtor were attached but before they could be brought to sale the decree-holder died on 20th May, 1945. Thereafter on 6th June, 1945, the following order was passed in E.P.No.71 of 1943:

“The decree-holder is reported dead. No sale taken place. Petition closed. No.L.R. impleaded”.

Meantime a suit had been instituted for partition of the properties belonging to the tarwad of the decree-holder, O.S.No.32 of 1941, on the file of the bub-Court Kozhikode. In that suit a receiver was appointed on 27th March, 1945, for the tarwad properties and it is common ground that the decree in O.S.No.6 of 1936 is one of the properties covered by the receivership order. On 16t

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