King, J.

1. The appellant here is the decree-holder in O.S. No. 68 of 1921. In 1926 the appellant filed an execution petition seeking to attach certain property and obtain orders of attachment. That execution petition was recorded in 1927 with a direction to the appellant to apply by separate application for sale of the attached property. A subsequent application, E.A. No. 49 of 1928, was made in March 1928 and was ordered in July to be "struck off the file to be restored when applied for after the stay is raised," an order having been received from the High Court, where a civil miscellaneous appeal has been filed, to stay execution shortly before this. Unfortunately the disposal of the civil miscellaneous appeal occupied several years, and it was not until 27th April 1934 that the judgment of the High Court was delivered. That judgment runs as follows:

The only question for decision is whether the attachment of the several items made on 2nd and 3rd February 1926 is according to law. So far as the superstructure of the houses described in items 4 to 6 are concerned, no objection to the validity of the attachment is raised before us and the attachment thereof must be held to b