Judgment

WANCHOO, J. : This is an appeal on a certificate granted by the High Court of Punjab and raises a question of law on which there is some different of opinion amongest the High Courts. Brief facts necessary for present purpose are these. The respondent obtained a preliminary decree in a mortgage suit against the appellants on March 13, 1952. The decree was for sale of the mortgaged property . As the prelimnary decree did not allow interest to the respondent from the date of the suit to the date of the preliminary decree, he filed an appeal to the High Court in that connection. The appellants (Judgment-debtors) were apparently content with the preliminary decree for they filed no appeal. As there was no stay order passed by the High court, for, the judgment-detors had not appealed, the respondent applied for making the preliminary decree final and on August 16, 1954 the preliminary decree was made final under O. XXXIV R. 5 of Code of Civil Procedure On August 18, 1954, the respondent took out execution of the final decree . On December 17, 1956, while the execution proceedings were pending, the respondent decreeholder s appeal in the High Court was allowed and the High Court