Mr. A.N. Jindal, J. (Oral):- Having remained unsuccessful before both the Courts, the State Bank of Patiala, decree holder-appellant (hereinafter referred as ‘the appellant’) has filed this execution second appeal.

2. The time lag in the matter under consideration is enormous. In the year 1984, M/s Shree Ganesh Sales, of which Himesh Sablok-respondent No.3 and Surinder Behal-respondent No.4 were partners, was granted cash credit facility to the tune of Rs.50,000/-. The allegations are that the said Himesh Sablok had hypothecated the property i.e. H.No.730, Sector 8-B, Chandigarh with the appellant as a credit security by depositing title deeds to obtain the said facility. Having failed to pay the loan amount, a civil suit No.161 was filed on 26.10.1987 for recovery of Rs.61,894-05 paise, under Order 34 read with Order 7 Rule 1 CPC. In the said suit, the defendants i.e. M/s Shree Ganesh Sales, Himesh Sablok and Surinder Behl were proceeded against exparte, whereas Sudhir Mahajan-respondent No.5 had contested the suit. The said suit resulted into a preliminary decree on 19.04.1989 for recovery of Rs.61,894.05 paise along with interest at the rate of 15½ % per annum since the