Horwill, J.

1. A mortgage,suit was filed in the Court of the District Judge of Kistna and he transferred the suit for trial to the Court of the Subordinate Judge of Masulipatam. One of the parties to the suit was the Co-operative Building Society, which was impleaded as the eighth defendant. There were two mortgages in favour of the Society and the first was embodied in the second. The Society remained ex parte and in just over two months after the suit had been filed, it brought the property to sale in execution of an award by the Registrar and it was purchased by the present respondent. He did not however apply to be made a party in the mortgage suit and the transfer to him was of course, subject to the doctrine of Us pendens. In execution of the mortgage decree, the decree-holder sought to bring all the properties to sale including a house in Bezwada which is the subject of this appeal--and two items of land within the jurisdiction of the Subordinate Judge, Masulipatam and of the District Judge, Kistna. The decree-holder then applied to the Subordinate Judge to transmit the decree for execution to the District Court. This was done and proclamation was ordered. Some days b