S VISWANATHA AIYAR Vs. NARAYANASWAMI AIYAR

JUDGEMENT

(1.) We uphold the preliminary objection that no appeal lies from the order under Section 23 of the Madras Act IV of 1938. This is not a question relating to the execution, discharge or satisfaction of the decree under Section 47 of the Civil Procedure Code.

(2.) Moreover, on the merits, the appellants have no case. They had no interest in the 8th item of property sold, either at the time of the sale or even at the time the suit was filed. They had parted with all their interest in the 8 item in 1931, at least five years before the suit was filed.

(3.) This appeal is dismissed with costs of the respondents (two sets).