1. This is an appeal against the order of the District Court, Ganjanl in a claim petition under Order 21, Rule 58, The circumstances briefly are as follows:

The plaintiff sued in 1903, for the recovery of certain lands, the chief defendant being one Subba Rao, the second defendant in the case. He got a decree which was confirmed by the High Court on appeal in 1909. He got delivery in 1911 and in 1913 he filed E.P. No. 67 of 1913, for mesne profits due under the decree. Subba Rao died while the appeal was pending and his mother was brought on record as his legal representative. She died before the execution petition was filed. In the execution petition, the brothers of Subba Rao were added as legal representatives and the father of Subba Rao, the third defendant in the suit was also made a counter-petitioner. The assets of Subba Rao, in their hands were attached. On 3rd November 1914, this execution petition was struck off the file with directions to the decree holder to renew it after the appeal against the first Courts order was disposed of finally by the High Court. On 16th November 1915 the decree-holder put in another E.P. No. 59 of 1915 against the same parties. In that