ORDER

This appeal by special leave arises from the judgment of the learned single Judge of the Madras High Court, made on September 23, 1975 in CRP No. 4307/84. The facts are little complicated, but to clear the clogs, they are as under :

2. The Catholic Syrian Bank Ltd. was the mortgagee and Manickam Mudaliar was the mortgagor in respect of the plaint schedule property. To foreclose the mortgage O.S. No. 340/1951 was filed by the Bank. Preliminary decree was passed on December 20, 1951 and final decree came to be passed on August 28, 1952. When objections were raised against the passing of final decree pending those proceedings and later execution thereof, one Palaniammal, a simple money creditor filed OS No. 321/1958 against Manickam Mudaliar and obtained a money decree. In execution of the decree, the self-same property was brought to sale in which one Kandaswamy had purchased the property in court auction on September 4, 1963. Admittedly, the same came to be confirmed and possession was taken under the said decree. Kandaswamy transferred the property in favour of B.V. Muniraj and B.V. Rangaraj, respondent Nos. 1 and 2. Subsequently, the proceedings went on between the parties wit