Satyanarayana Rao, J.-This appeal was referred to a Bench as Govinda Menon, J., was of opinion that as it raised a question of importance it should be considered by a Bench, particularly in view of the conflict between two decisions, one of a Bench and the other of a single Judge, on the question raised in the appeal. The Bench decision is Venkatarama Sastri v. Venkatanarasimhan1 and the decision of the single Judge is Kamalammal v. Rajarathna Naicker2 .

The facts out of which this appeal arises may be shortly stated. The respondents obtained a final decree in a mortgage suit on nth February, 1941. The first execution petition was filed on 5th February, 1944, for the sale of the properties. That application was returned from time to time for the filing of the sale papers and the encumbrance certificates, and while the decree-holder was praying for extension of time to comply with those requirements, the executing Court required the decree-holder to produce also a copy of the final decree. The order directing production of a copy of the final decree was made nearly two months after the filing of the application. The decree-holder obtained a month’s time to produce a copy of t