Patel, J.

1. This is an appeal under Letters Patent against the summary dismissal of the execution appeal of the Judgment-debtors 8 to 10 by Mr. Justice Tarkunde under Order 41 Rule 11 of the Civil Procedure Code.

2. The facts necessary for the decision of this appeal are as follows:- On February 17, 1923, one Ram-chandra Raoji Shah advanced on mortgage a sum of Rs. 2500/- to Dixit family. After this he filed a suit, being suit No. 626 of 1936. As the defendants were agriculturists, accounts were taken under the provisions of Deccan Agriculturists Relief Act, 1879, and eventually a decree dated April 6, 1937 was passed for a sum of Rs. 5000-5-3 and costs of the suit, the costs being a sum of Rs. 497-5-0. The decretal amount was payable by annual instalments of Rs. 800/- each, the first Instalment being payable on 31st March 1938. The decree also provided that if there was default in the payment of any instalment, the judgment-debtors do pay interest on the balance due to the plaintiff at the rate of 6 per cent per annum from the date of default (in the payment of instalment) and that the mortgagees be entitled to sell the property under Section 15-B of the Act. It is accepte