JUDGMENT :

L. Rath, J. - A petition filed by the Appellant under Order 21 Rule 58, Code of Civil Procedure, having been partly rejected, the Appellant has approached this Court for relief. Respondent No. 1 obtained a money decree against Respondent No. 2 for Rs. 15,188.50 and put the decree into execution, in course of which the property in dispute consisting of lot Nos. 1 and 2 were sought to be attached and proceeded against. The Appellant, who is the mother of Respondent No. 2 filed objection under Order 21, Rule 58, CPC before the executing Court stating that the property is the residential building constructed by her late husband and is the joint family property of herself, three other sons apart from the Respondent No. 2, and three daughters and was not liable to be attached in execution of a personal decree obtained against the Respondent No. 2. The petition was resisted by Respondent No. 1 contending that there had been a previous partition in the family allotting specific portions of the building to the members of the family and that the Respondent No. 2 having got specific property in the lot Nos. 1 and 2, the execution can proceed. The harned Addl. Subordinate Judge, Bala