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1926 Supreme(Mad) 109

WALLACE
S. K. Subba Ayyar – Appellant
Versus
Pichumani Ayyar – Respondent


JUDGMENT

Wallace, J.

1. This appeal is against the order of the lower Appellate Court reversing the order of the Principal District Munsif of Srivaikuntam in a matter in execution, viz., the order in which certain mortgaged property shall be sold is execution of a mortgage-decree. Two items are involved ia this case. The appellant i8 the decree-holder and the respondent is the 8th defendant who is interested in Item No. 2 and wants it to be sold last. The District Munsif permitted the property to be sold in the order selected by the decree-holder, as ordered in M.P. No. 99 of 1918. The decree-holder has chosen to sell Item No. 2 first. It has been sold and the sale has been confirmed. The lower Appellate Court reversed the order, cancelled the sale, and directed that further enquiry be held and that the sale of the properties shall be in the order in which they are set out in the decree, provided that the 8th defendant has the right of marshalling.

2. The order of the lower Appellate Court seems to be vitiated by several faults. If the lower Court had looked into the judgment in the suit in which the decree was passed it would have found that the question of the 8th defendants right o



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