Shevde, J—This appeal arises out of execution proceedings in civil suit No. 3-A of 1935 on the file of Mr. G.P. Bhutt, Additional District Judge, Chanda.

2. The suit was brought by one Purushottam Sitaram Patil on the basis of a mortgage bond, dated 20th June 1918. The preliminary decree for sale was passed on 15th February 1936 and wa9 followed by the final decree on 13th February 1937. The mortgaged property comprised of a Re. 0-4-10 share in mauza Warora and a Re. 0 8-0 share in mauza Thorana with certain khudkasht land appurtenant to both the shares. One Jamnadas Potdar Firm of Nagpur (hereinafter called the Firm) which was impleaded in this suit as defendant i, (respondent 5 (i) before me), being a puisne mortgagee, had taken a mortgage, dated 3rd September 1926, which comprised of a Re. 0-4 10 share in mauza Warora and some other items of property with which we are not concerned for the purpose of this appeal. In execution of the Firm's decree, it had put the mortgaged property to sale, and in the auction sale, respondent 1, Shrihari Deshpande, bought the 4 anna 10 pie share of mauza Warora with appurtenant khudkasht lands on 20th June 1936. The prior mortgagee Purusho