Pandrang Row, J.

1. This is an appeal from the order of the Subordinate Judge, Nellore, dated 4th August, 1931, reversing in appeal the order of the District Munsif of Gudur dated 5th February, 1929, in E.P. No. 1405 of 1928 an application to execute the decree in O.S. No. 630 of 1923 which inter alia created a charge on certain properties for the amount of maintenance due to and decreed in favour of the plaintiff in that suit. The appellant in this appeal was not a party to the decree. He is said to be a prior mortgagee of some of the properties on which a charge for maintenance has been given by the decree and he is said to have subsequently purchased the mortgaged properties outright. He was impleaded as judgment-debtor No. 5 in the execution application though he was not a party to the decree or to any execution proceeding till then. He protested that he could not be made a party and that the petitioner decree-holder had no right to execute the decree against him. The District Munsif upheld his contention and dismissed the execution petition so far as he was concerned. On appeal however the Subordinate Judge differed from the District Munsif and came to the conclusion th