Odgers, J.

1. This is an appeal against the order of the learned District Judge of Ganjam on two Execution Petitions, namely, 39 of 1916 and 68 of 1916. In the former Kamalanatham Naidu was the petitioner as transferee and benamidar of the late Parasuramayya Chowdhari stated to be the real owner of the decree. Kamalanatham Naidu having died, the real owners undivided son Nandesam Chowdhari, a minor, represented by his next friend Duvvada Butchamma, was the petitioner, and the respondents were Duvvada Patrudu alias Janakiramayya Chowdhari and Duvvada Gusayi Chowdhari In E.P. No. 68 of 1916 the undivided brother of Kamalanatham Naidu, transferee, is the petitioner and the respondents are the same as in E.P. No. 39 of 1916. The learned District Judge, whose predecessor held that the question which of these two rival petitioners can execute the decree is one to be decided under Section 47, Civil Procedure Code decided on the merits that the brother of Kamalanatham Naidu is not entitled to execute the decree in E.P. No. 68 of 1916 and dismissed the execution petition.

2. The facts are that in O.S. No. 20 of 1904 a certain Bheemaraju Chetti obtained a decree which he transferred by