JUDGMENT :

Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code, 1908 praying to set aside the order and decree and order dated 09.03.2018 in E.P.No.57 of 2016 in E.P.No.183 of 2014 on the file of the Principal District Judge, Krishnagiri.

1. The property, which is the subject matter of the appeal, is 3.00 acres land bearing plot No.26, SIPCOT Industrial Complex, Zuzuvadi Village, Hosur Taluk, Krishnagiri District, Tamil Nadu.

2. The parties are litigating their respective right and title over the said property. Based on the sale deed Ex.P-11 dated 25/07/2016 executed in favour of the appellant, pursuant to a private treaty under Rule 8 (5)(d) of the Securities Interest Rules and based on the sale certificate Ex.R-5 dated 05/08/2016, issued to it by the Execution Court pursuant to the Court auction sale in favour of the third respondent in a suit for recovery of money.

3. The point for determination in this appeal is, in the peculiar facts and circumstances of the instant case, whether the sale in favour of the appellant under the SARFAESI Act in respect of the immovable property mortgaged to the Allahabad Bank as security for the loan will prevail over the C