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1940 Supreme(Mad) 428

PATANJALI SASTRI
Desayi Venkatranga Reddi – Appellant
Versus
Paraku Chinna Sithamma – Respondent


JUDGMENT

Patanjali Sastri, J.

1. This is an appeal from an order of the District Court of Anantapur overruling certain objections raised by the appellants to the execution of a decree obtained by the respondents and allowing execution to proceed.

2. The appellants are members of a Hindu undivided family, the third appellant being the father and the appellants 1 and 2 his minor sons. The decree passed against them directed delivery of possession of certain Immovable properties and payment of a certain sum as mesne profits. The Immovable properties have been delivered and the present execution proceedings relate to the recovery of the mesne profits. Under the decree, these were recoverable from the third appellant personally and from the family properties of all the appellants. There have been numerous applications to execute the decree but none of them has so far proved fruitful owing mainly to the laches of the respondents themselves in the conduct of those proceedings. It is unnecessary, however, to set out all those proceedings for the purposes of this appeal and it is sufficient to refer to one of them, E. P. No. 5 of 1930, instituted against the third appellant alone on 27th Janua





















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