K.M. Natarajan, J.

1. This appeal is directed against the order passed by the Subordinate Judge, Tirupattur, allowing the application to remove the obstruction, under Order 21, Rule 97, C.P. Code.

2. The facts which are necessary for the disposal of this appeal are briefly as follows: The respondent filed a suit on mortgage in O.S. No. 106 of 1971 on 20-12-1971 and obtained a preliminary decree on 29.2.1973. The final decree was passed on 30.10.1973. The mortgaged property was brought to sale in execution of the said decree in court auction and the respondent purchased the same on 19.9.1973. The sale was confirmed on 29.10.1973. When the respondent came to take possession of the property on 24.12.1973, the appellant herein obstructed the same.

3. The appellant resisted deliver of possession on the ground that he filed a suit for recovery of money on 11.3.1971, in O.S. No. 180 of 1971 and an order of attachment was obtained on 12.3.1971. The suit was decreed on 26.6.1971. IN E.P. 64 of 1973 the property was brought to sale on 22.2.1973, and he purchased the same in the court auction sale and the sale was confirmed on 26.9.1973. Possession of the property was delivered to him throu