Wallace, J.

1. This Civil Miscellaneous Appeal is against the order of the lower Court in a matter in execution. In O.S. No. 12 of 1901, the appellant obtained against the respondent 1 a mortgage decree under which the amount now owing is said to be about 43 lakhs of rupees. In 1905 he put in an execution petition E.P. No. 145 of 1905 in the lower Court to bring the mortgage property, Narayanavanam Taluk in Karvetnagar zamindari, to sale. In various Ways that sale has been delayed and postponed until 1925, when it was eventually begun but so far has not come to an end. In the meantime, respondent 2 on 6th -January 1927 bought at a Court sale in another suit, O.S. No. 9 of 1912, respondent 1s equity of redemption in this property. In M. P. No. 17 of 1927, respondent 2 applied in the lower Court to be brought on record in the appellants execution petition as the present holder of the equity of redemption in place of respondent 1 the original judgment-debtor. That was allowed by the Court on 12th April 1927. On 25th July 1927, respondent 1 put in M. P. No. 61 of 1927 in the E.P. stating that respondent 2s purchase in the Court-sale was benami for the appellant, his judgment-cre