JUDGMENT

1. Execution Second Appeal No. 682 of 1923 and Civil Revision No, 96 of 1923 have been connected and have been filed from the same order. The revision has been filed by way of a precaution in case it beheld that no, second appeal lies.

2. A mortgage decree was in execution and the 17th of August 1922 was fixed for sale of the properties mortgaged. A day before the sale, namely, on the, 16th of, August two of the judgment debtors put in an application that one of the houses should not be sold till the other two houses had been put up for sale and the decree had not been satisfied. This application was rejected on that very date by the Execution Court at Muzaffarnagar. That Court was subordinate to the Court of the District Judge at Meerut. On the 17th of August 1922 an appeal was preferred before the District Judge from, the order dismissing the judgment-debtors' application and on the same date an application for stay of execution was also filed. On that date the learned District Judge passed an order in the following terms: "I order that the south faced compound be not sold provided the applicant' guarantees to make up the amount outstanding to Rs. 1,640 odd if the sale of