Mishra, J.:

The instant appeal is yet another in the series of cases in this Court, at the instance of the creditors in particular, in which before any adjudication of the money claim in the suit and accordingly, any decree, defendant’s properties are sold through the intervention of the court, the sale proceeds are allowed to be appropriated by the plaintiff and as we shall presently see in the instant suit, the third party-purchasers are neither delivered any property, nor are they given the refund of the money so realised from them as the consideration of the auction purchase. The plaintiff/lst respondent has filed the suit, C.S.No.351 of 1987 for recovery of Rs. 16,82,882.60 from respondents 2 to 4 and in default of payment for sale of B Schedule property in the plaint for realisation of the suit claim. Pending suit, however, the plaintiff/ 1st respondent filed Application No.2084 of 1987 for appointment of an Advocate as Commissioner to take inventory of the stocks and other goods in Schedule B property mentioned in the plaint and take possession and another Application No.2083 of 1987 for interim injunction restraining the defendants from disposing or otherwise ali