B. SIVA SANKARA RAO, J.

The revision petitioners are the judgment debtors in E.P No. 25 of 2010 which is the out come of a preliminary and final decree in O.S No. 35 of 1991 obtained by the 1st respondent bank as decree holder/plaintiff.

2. The revision petitioners are the unsuccessful applicants in E.A No. 20 of 2010 filed under Order 34 Rule 5 of the Code of Civil Procedure (for short CPC), vide order dated 18.11.2011 in dismissing the application saying that it is the right of the Judgment Debtor (mortgager) to liquidate the mortgage debt before confirmation of sale by deposit of the amount of the decree under execution with poundage, if any. The said application was originally filed under Order 21 Rules 89 and 90 CPC and subsequently, the prayer as complying with the provisions under Order 34 Rule 5 CPC seeking amendment was allowed, it appears on 25.03.2011 in E.A No. 210 of 2010.

3. In E.A No. 20 of 2010, the averments in the petition supporting affidavit filed on 29.01.2010 by the 2nd respondent/Judgment Debtor on behalf of two revision petitioners/ judgment debtors show that EP schedule properties were auctioned on 03.12.2009 and sale is not yet confirmed. The Judgment