ORDER

1. THE APPELLANT DECREE-HOLDER (HEREINAFTER REFERRED TO AS "THE DECREE-HOLDER") FILED A SUIT BEING SUIT OS NO. 295 OF 1974 IN THE COURT OF THE E CIVIL JUDGE, BANGALORE FOR RECOVERY OF RS 44,641.44 PAISE ON THE BASIS OF A PRONOTE EXECUTED BY THE RESPONDENT JUDGMENT-DEBTOR. THE SUIT WAS DECREED WITH INTEREST @ 6 PER CENT PER ANNUM.

2. THE APPELLANT THEREAFTER FILED EXECUTION APPLICATION FOR RECOVERY OF DECRETAL AMOUNT. SINCE THE RESPONDENT JUDGMENT-DEBTOR DID NOT PAY THE DECRETAL AMOUNT, HIS IMMOVABLE PROPERTY BEARING SURVEYS NOS. 46/2 AND 46/3 F IN SARAKKI VILLAGE, BANGALORE, SOUTH TALUK, MEASURING 1 ACRE AND 30 GUNTAS ALONG WITH THE HOUSE BUILT THEREON WAS BROUGHT TO SALE. THE APPELLANT DECREE-HOLDER TOOK PERMISSION FROM THE COURT TO BID FOR PURCHASE OF SUIT PROPERTY AT THE AUCTION-SALE. THE AUCTION WAS HELD ON 3-3-1976 AND THE OFFER OF THE APPELLANT OF RS 75,000 FOR THE PROPERTY IN REFERENCE BEING THE HIGHEST WAS ACCEPTED. LATER ON, THIS BID WAS CONFIRMED BY THE EXECUTING COURT.

3. UNFORTUNATELY, THE APPELLANT FAILED TO DEPOSIT THE ENTIRE DECRETAL AMOUNT AND THE AMOUNT DEPOSITED FELL SHORT BY RS 12,750.

4. THE PROCEEDINGS IN THE AUCTION-SALE BECAME FINAL ON 5-4-1984. THE AP