UNNITHAN MATHEW Vs. CHERIAN JACOB

JUDGEMENT

(1.) THE matter in controversy in the two appeals is as to who is entitled to the amounts in deposit in O. S. No. 61 of 1121 and O. S. No. 2 of 1120 of the Additional District Court, Mavelikar a. THE decree is silent on the point and the execution court is therefore incompetent to decide the matter. THE enquiry directed in A. S. No. 400 of 1956 is naturally subject to this limitation of the powers of the court executing the decree. This court can exercise in appeal only such powers as the execution court has in the matter.

(2.) IN view of the above conclusion, the orders of the court below in the two suits must be and are set aside. The parties are directed to establish their respective rights in a properly instituted suit and the amounts will be disbursed by the execution court in accordance with the decree in such suit. We make it clear that 8th defendant-5th respondent in A. S. No. 529 is concluded by the order dated 30-3-1954 on C. M. P. No. 6741 of 1953 in respect of the amount in deposit in O. S. No. 61 of 1121. The appeals are allowed as indicated above. IN the circumstances there will be no order as to costs.