Untwalia, J.

1. This is a miscellaneous first appeal by one of the judgment debtors. It appears that he was the main judgment debtor. His name is Sri Chhatu Ram Bhadani. His son, respondent No. 2, is also a judgment debtor. An equitable mortgage by deposit of title deeds was created by Sri Chhatu Ram Bhadani in favour of an Insurance Company, predecessor-in-interest of the Life Insurance Corporation of India (hereinafter called the Corporation), decree holder respondent No. 1. A suit for enforcement of the mortgage and for a decree for sale was filed in the Bombay High Court on its Ordinary Original Civil Jurisdiction". A preliminary mortgage decree was passed on 21-7-1959. A final decree followed on 19-12-1960. It may be stated here that the defendants in the mortgage action had appeared to contest the suit, taken all sorts of pleas to save the property or a portion of it. but their objections were overruled, as would appear from the order under appeal.

2. Since the final mortgage decree passed by the Bombay High Court had directed sale of the property on failure of the judgment debtors to pay the decretal dues, procedure prescribed under Chapter XXVTI, Part TJ of the Rule