Bell, J.

1. This revision petition is against a decision in an execution application before the District Munsif of Poonamallee. The matter arose out of a maintenance suit which resulted in a decree dated 19th March 1936. This was modified on 6th July 1938 on appeal. Later, the decree holder assigned it to respondent 1, in the lower Court. He brought the properties to sale in execution and a sale took place on 1st September 1943. Respondent 2 in the lower Court - the petitioner here - bought some of the property in question. On 30th March 1938, some of the same properties had been mortgaged to the petitioner in the lower Court, respondent 1 here. In the lower Court, the mortgagee finding that the decree had been executed and property brought to sale by the assignee-decree-holder had been purchased by a stranger, filed an execution application, the execution application with which we are concerned and succeeded in setting aside the sale on the ground of certain irregularities. The assignee-decree-holder offered no objection because he no doubt knew that the mortgagee-petitioner was prepared to pay the amount of the maintenance installments due under the decree and for which it ha