S. RAMACHANDRA IYER, C.J. :- This civil miscellaneous appeal poses for determination a question as to the competency of the executing court to direct a fresh delivery of immoveable property, there having been earlier a symbolical one. The reference to the Full Bench was occasioned by a doubt felt as to the correctness of the decision in Manager of Sri Meenakshi Devastanam, Madura v. Abdul Kasim Sahib, ILR 30 Mad 421. But in the view we are disposed to take of the appellants right to dispute the authority of the court to grant the relief sought a consideration of that decision in detail has became unnecessary.

2. The facts giving rise to the appeal are these. The appellants are the sons of the third respondent. The Kumbakonam Bank Ltd., obtained a decree for a large sum of money against them. The trial court in addition granted relief as against the share of the third respondent (one-fourth) in a house belonging to the family, and which had been given as security to the loan. Under the decree the appellants were liable to the extent of their interest in the joint family properties. The decree-holder enforced the decree in execution by proceeding against the charged property