JUDGEMENT
Somnath Iyer, J. -
(1.)The material facts as supplied to us by Mr. K. R. D. Karanth appearing for the plaintiff-decree-holder are these:
(2.)A decree for partition was made in favour of respondent 1 by the Court of the first instance as long ago as on July 22, 1940, but that decree was set aside in appeal. The Privy Council in the further appeal set aside the appellate decree and remitted the matter on November 14, 1949. On October 8, 1951, the High Court of Bombay dismissed the appeal before it with the result that the decree of the Court of first instance for partition was confirmed.
(3.)An execution application was presented on April 17, 1952, when the petitioners who were the defendants raised an objection of impartibility in respect of some of the lands of which a partition was sought. On March 18, 1955, the executing court overruled the objections and directed execution to proceed. We are informed by Mr. Karanth that Order was taken up in appeal but that appeal was dismissed.
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