( 1 ) THIS is a revision by the petitioner-decree-holder-auction purchaser against the order dated 29th March, 1983, passed by the 1st Additional Civil Judge, Mangalore, in Misc. Case No. 19 of 1982 and on. A. No 1 filed in Execution Case No. 129 of 1978, dismissing them bath.

( 2 ) THERE was a partition between G. Madhava Nayak and the other members of his family including respondents-1 and 2 as per the registered duplicate partition deed Exhibit D2 and exhibit P13 dated 23-6-1967. In that partition, the suit properties had fallen to the share of respondents-1 and 2. Respondents-1 and 2 effected an equitable mortgage in respect of the suit property in favour of Vijaya Bank as per Exhibit D1 dated 5-11-1971. While effecting the equitable mortgage as above, respondents-1 and 2 produced the duplicate partition deed Exhibit d2 dated 23-6-1967 and other documents by way of security for the loan advanced by the Vijaya bank to them. The Vijaya Bank filed a suit in O. S. No. 109 of 1973 as per the certified copy of the plaint Exhibit D11 against the present respondents-1 and 2 to recover Rs. 23, 193-82 due under the said equitable mortgage. A preliminary decree as per the c