J. ESWARA PRASAD, J.

( 1 ) IN this revision, hied under article 227 of the Constitution of India, the petitioner prays to set aside the final decree dated 9-3-83 in OS No. 117/77 on the file of the District Munandif s Court at zaheerabad.

( 2 ) THE petitioner is the defendant in the suit, filed by the respondent for recovery of a sum of Rs. 6,500/- based on a usufructory mortgage dated 10-11-76. A preliminary decree for Rs 4,000/- with interest at 6% p a from 9-9-77 was passed by the Court, The decree directed that the respondent is entitled to apply for a final decree for sale of the mortgaged lands. On the petitioner having failed to pay the decretal amount, the respondent made an application in I A No. 441/80 to put him in possession of the mortgaged lands. The court, accordingly, passed a final decree on 29-3-83, purporting to be one under sub-rule (2) of-Rule 3 of Order 34 of Civil procedure Code, directing that the respondent be put in possession of the mortgaged property The respondent filed E. P. No. 15/87 on 29-6-86 and a warrant for execution was issued on 6-2-90. The petitioner filed the present revision on 13-3-90 and obtained stay of execution on condition of his deposi

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