P P SATHYA BHAMA Vs. M A JOHN

JUDGEMENT

(1.) The appeal by the first defendant is against the preliminary decree passed in a suit for partition allowing the plaintiff to recover his one half share in the plaint property after partition by metes and bounds.

(2.) The admitted facts are as follows. The plaint property belonged to S. P. Sadanandan who died on 10-7-1948. Ext. B2 dated 26-3-1948 is the last will and testament executed by him. Therein he appointed his wife Mrs. Suseela Sadanandan. his eldest son E. D. Sadanandan and S. Paramasivan, registered accountant and auditor. Calicut, as executors.

(3.) In execution of a simple money decree in OS 6 of 1957 on the file of the Sub Court, Kozhikode obtained against J. G. Sadanandan, second son of the testator S. P. Sadanandan, his one half share in the plaint and other properties which he got under Ext. B2 was attached on 9-12-1961 and in pursuance to E. A. 309 of 1961. It was proclaimed for sale on 9-10-1962. The sale was being adjourned from time to time at the instance of the judgment debtor J. G. Sadanandan. On 12-8-1963 J. G. Sadanandan and E. D. Sadanandan, one of the executors hi Ext. B2 filed Ext. A7 petition under O.21, R.83. Civil P. C. in the execution court for the issue of necessary certificate to enable them to sell the plaint property for Rs. 25.000/- to the first defendant. The offer received from the latter was also produced in Court which has been marked as Ext. A8. The execution court allowed the petition and the case was adjourned to 9-10-63 (sic) for the execution of the sale deed. On that day an application for extension of time was made in the execution court by J. G. Sadanandan and E. D, Sadanandan. The execution court allowed a week's tune and posted the case to 11-10-1963.