ORDER :- This is a petition filed by the appellant in C.M. A. No. 532 of 1977 pending before this court under O.34, R.5, read with S.151, C.P.C. to permit the petitioner to deposit a sum of Rs. 2,67,974-64 into court.

2. The circumstances under which the said application has been filed may briefly be stated. The appellant had executed a mortgage of two items of properties in the year 1963. A suit O.S. 166 of 1965 was filed, on the said mortgage and there was a preliminary decree in that suit on 29-6-1966 for Rs. 1,23,088.58 with subsequent interest thereon. Later. on 28-2-1967. a final decree had been passed. An execution petition was flied in E. P. No. 119 of 1967 far realising the decree amount by sale of the hypotheca. As the decree holder died later his legal representatives came on record on 30-11-1967. The sad execution petition was posted for disposal on 22-12-1967. However, it was advanced and taken up on 1-12-1967 and posted to 2-12-1967, when the executing court directed the properties to be sold on 22-1-1968. The sale was actually held on 23-1-1968 and item 1 was sold in favour of the 5th respondent in the civil miscellaneous appeal for a sum of Rs. 40,000 and it