( 1 ) THIS appeal is preferred against the judgment and decree dated 27-2-1982 passed by the XII Additional City Civil Judge, Bangalore. By the said judgment, the lower Court decreed the suit of the plaintiff, declaring that the plaintiff-Bank has the first charge in the machinery described in schedule to the plaint. The lower Court further ordered that defendant-2 is entitled to realise the amount due to it by defendant-1 in pursuance of the decree in O. S. No. 6/ 1972 by sale of the said machinery, but subject to the first charge of the plaintiff. Being aggrieved by the same, defendant-2 - Hindustan Machine Tools Limited has preferred this appeal.

( 2 ) THE facts relevant for the disposal of this appeal briefly stated are as under: defendant 2 (appellant) had filed original suit No. 6/ 1972 against Fix Well Industries of which M. V. Vasudeyan (defendant-1 in the present suit) Was the proprietor. The said was filed by the defendant-2 - Hindustan Machine Tools for the recovery of Rs. 85,621-50. The said suit was decreed by the judgment dated 16-11-1972 of the Court of the Civil Judge, Civil Station, Bangalore. By the said judgment, the Civil Judge decreed the suit