Venkatasubba Rao, J.

1. This appeal has been brought against an order made by the lower Court, refusing execution against the respondent. The decree that was sought to be executed was one passed in 0. Section No. 7 of 1922 inter alia against the respondents father, who was defendant No. 5 in the suit. Into the chequered history of ,that suit, it is unnecessary to enter; it is sufficient to state for the present purpose, that the suit itself was commenced in 1919 (it was originally numbered as 96 of 1919), that a decree for possession was passed against defendant No. 5 in May 1933, that in execution of that decree the plaintiff obtained possession of the lands in October of the same year and that by a further judgment delivered on April 3, 1935, mesne profits were awarded against defendant No. 5 who subsequently died in the following June. (To avoid confusion it may be stated that the formal decree drawn up in respect of mesne profits bears a later dale, namely July 22, 1935, but that is a circumstance which is immaterial;. The plaintiff-appellant applied for execution in February 1936, praying first, that the respondent (i.e., defendant No. 5s undivided son) might be brought