ORDER :

Sharad Kumar Sharma, J.

With the prior consent of the learned counsels for the parties as given on 17.03.2023, the Second Appeal has been placed today, though being public Holiday, they agreed to argue on merits of the Second Appeal.

2. Consequently, the Second Appeal has been notified to be listed on the orders of the Hon’ble The Chief Justice.

3. This Second Appeal carries a very chequered history. The precise chronological dates and events are given hereunder :-

i. In 1967, a Suit was filed for recovery of money, which was due to the plaintiff Bank, on a financial assistance which was extended to the defendants to the Suit.

ii. On 21st May, 1966, the Suit No.17 of 1966, Nainital Bank Ltd. Vs. Ram Babu Mehrotra, stood instituted before the Court of Addl. Civil Judge, Nainital.

iii. On 9th June, 1966, the aforesaid Suit for recovery of money was decreed.

iv. On 17th April, 1973, the Execution Case No. 19 of 1967, was registered before the Court of Addl. Civil Judge, Nainital, for executing the decree of 9th June, 1966.

v. Form IV-60 was issued in execution case under Order 21 Rule 66 in a reference to the proceedings under Section 73 of the CPC.

vi. A publication of the auction noti