ORDER.- The petitioners are the Court-auction-purchasers in a money cecree sale while the respondent is a decree-holder over a mortgage by deposit of title deeds effected by the common judgment-debtor. It is convenient to trace out the relevant dates during which the respondent secured a right over the property of the common judgment-debtor. The judgment-debtor mortgaged by deposit of title deeds his property which would be hereinafter referred to as the property. This deposit was made on 15th February, 1971. It is conceded that the deposit of such deeds was not registered though it could have been done in law. The result was the bargain between the judgment-debtor and the respondent was only known as between themselves. The respondent not having had satisfaction towards the amount advanced by him filed O.S.No. 262 of 1972 on the file of the Subordinate Judge, Madurai and obtained a final decree finally on the 9th of August, 1974. He filed E.P.No. 338 of 1973 pursuant to the final decree and obviously for the purpose of bringing the hypotheca to sale. This was on 17th September, 1973.

2. The petitioners, on the other hand attended an auction of the very same property which was the s

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