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Judgment
A simple money-decree was obtained against the father of defendants Nos. 1 and 2. After the decree the father died and defendants Nos. 1 and 2 were brought on record as his representatives u/s 234, Civil Procedure Code, 1882, and in execution the suit property was sold. The Courts below have held that the execution proceeding''s are binding on defendants Nos. 1 and 2, and this is in accordance with the decision in Kuriyali v. Mayan 7 MK. 255. This decision was held to be wrong in Zemindar of Karvetnagar v. Trustee of Tirumalai Devastanam 32 MK. 429 : 2 Ind. Cas. 18 : 19 M.L.J. 401 but that was only because the decree in Kuriyali v. Mayan 7 MK. 255 was a mortgage-decree which contained a direction for sale. The correctness of the decision as applied to a simple money-decree was not dealt with.
The second appeal is dismissed with costs.