This appeal is against the order of the Subordinate Judge of Vellore remanding the case to the trial Court. The suit which has given rise to this appeal was instituted by the appellant herein for ejecting the respondents from the suit properties which were purchased by him at a Court auction sale on 7th December, 1944. A few material facts may usefully be stated here:One Varadarajan filed O.S.No.71 of 1927 in the Sub-Court, Vellore, for partition of the family properties and for separate possession of his share against two persons Veerasami and Kaniappan. A preliminary decree was passed by the trial Court and in appeal against that decree a stay of final decree proceedings was obtained on condition that the judgment-debtors should furnish security for a sum of Rs.12,000. In pursuance of that order the judgment-debtors, that is, Kaniappan and Veerasami furnished the suit properties as security in addition to a third party security. Ultimately the appeal was dismissed and stay dissolved. On taking accounts it was found that the judgment-debtors were liable to pay the decree-holder a sum of Rs.25,000 and a decree followed for this amount, besides the decree for partition. In execution

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