N.S. RAMASWAMI, J. :- This appeal under the Letters Patent is against the judgement of Venkataraman, J. allowing C. M. S. A. No. 153 of 1966. The appellant before us is a mortagagee-decree-holder. After final decree in the mortagage suit, the judgement-debtor had been adjudged insolvent. In the execution proceedings, though the decree-holder took out notice to the judgement-debtor through the Official Receiver in whom the equity of redemption had by then vested due to the adjudication, the Official Receiver had not been made a party to the said proceeding. In the court sale held in execution of the decree, the decreeholder himself purchased the property but ignoring the above court sale, the Official Receiver sold the property to A third party. The appellant before us who was the decree-holder auction purchaser was unable to take possession of the property. There were two suits, one filed by the present appellant to set aside a summary order regarding obstruction caused while he attempted to take delivery of a particular item of property, and the other was by the person who was in possession of the other items of property through the Official Receiver to injunct the decree