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1913 Supreme(Mad) 141

Krishna Hande – Appellant
Versus
Padmanabha Hande – Respondent


JUDGMENT

1. These appeals are against orders passed on applications made to execute a decree for partition. The plaintiff who obtained the decree died after it was passed: He left 5 sons. The eldest of them was the 27th defendant in the suit. His minor brother was the 32nd defendant. The other sons were the defendants Nos. 28 to 31. Two application were put in for execution owing to dissensions between the sons,-one by the 27th defendant on behalf of himself and his brother, and the other by the defendants Nos, 28 to 31. The Subordinate Judge allowed execution to issue in favour of the defendants Nos. 28 to 31 on behalf of themselves and the defendants Nos. 27 and 32, whose application was rejected; but directed that the money realized in execution 1. should be paid to all the sons of the plaintiff in shares if they could not agree to act together. The 1st defendant who was directed by the decree to pay until partition and delivery of possession, a certain quantity of paddy every year on account of the proportionate share of the income due to the plaintiff on the family lands, set up that he had made certain payments to the 27th defendant. The defendants Nos. 28 to 31, in their appl






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