JUDGMENT - Patel, J.

(1) This is an appeal by the defendant against the decree of the Civil Judge, Senior Division, Poona, in a redemption suit.

(2) The facts are few and they are as follows:

The appellant before us is the Bank of Poona, which is now merged into Sangli Bank Ltd. Defendants Nos. 9 and 10 owned S. Nos. 93, 102 and 107 in Poona, near Bhamburda. They effected a mortgage in respect of these Survey Numbers in favour of the Bank of Poona of February 16, 1949. The mortgage deed is at Ex. 85/9. Thereafter defendants Nos. 9 and 10 sold 4 acres and 34 gunthas to the plaintiffs Navrajasthan Co-operative Housing Society Ltd. for a sum of Rs. 67,000/-. Out of this amount, the Society retained a sum of Rs. 16,500/- to be paid to the mortgagee, but which it did not pay. Thereafter in 1954, the bank instituted arbitration proceedings and ultimately the award was made a decree of the Court on August 17, 1954, in Suit No. 92 of 1954. In these proceedings the plaintiff-Society was not made a party. Only the mortgagors defendants Nos 9 and 10 were parties as defendants. Under this decree the Bank brought the property to sale and it purchased all the three survey numbers with the leave of

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