JUDGMENT : Knox, J. (His Lordship after stating the facts, as given above, proceeded.):— The judgment-debtor comes here in second appeal. The learned Judge held that the decree-holder's appearance in this Court in 1901 in support of his appeal was a step in aid of execution. We presume that this brought the case within the fourth head of article No. 179 of the 2nd Schedule of the Indian Limitation Act. In this we are unable to follow him. The prosecution of an appeal in this; Court cannot, in our opinion, be looked on as an application in accordance with law to the proper Court for execution or to take some step in aid of execution. The case of Kristo Coomar Nag v. Mahabat Khan, [1881] I.L.R., 5 Cal., 595, took the same view—see the remarks which are made in the judgment at page 597. 2. Though we cannot agree with the lower appellate Court in the view which it took, we are of opinion that the appeal must fail. The proceedings in execution, which were in progress when the record was taken away from the executing Court were, by order of the executing Court, temporarily suspended pending the final disposal of the objections raised by the judgment-debtor. Such in our opinion is the spirit and purport of the order of the 19th July, 1897. We agree with the Subordinate Judge that the present application is not a fresh application but a continuation of the proceedings which had been temporarily stayed by the Court in consequence of the objections of the owners of the houses. The appeal fails and is dismissed with costs.