JUDGMENT

Brijesh Kumar, J.-This appeal has been preferred by the judgment-debtor, against the judgment and order dated 16.10.1992 passed by the Madras High Court in Civil Revision Petition No. 513 of 1990 stemming out of execution proceedings, setting aside the order by which the application moved by the judgment-debtor under Order 34 Rule 5 CPC was allowed in appeal by the Addl. District Judge, Salem.

2. The brief facts are that two mortgages were created by V.K. Palaniappa Chettiar (died and whose LRs are on record as petitioners) in favour of respondent No. 2 M. Karuppuswamy. The mortgagee filed O.S. No. 863 of 1973 for recovery of mortgage money. The suit was decreed and a preliminary decree was passed by the 1st Addl. Sub-Judge, Salem and the final decree was also passed on 3.7.1974. The decree-holder moved application for execution of the decree in R.E.P.No. 45 of 1980 in pursuance whereof, the property of the judgment-debtor was auctioned on 9.10.1980. The respondent No. 1 Ramaswamy Gounder is the auction purchaser of the property. The auction sale was confirmed on 3.11.1981 under Order 21 Rule 92 CPC and the application preferred by the judgement-debtor under Order 21 Rule 90