MANIRUDDIN AHMED Vs. UMAPRASANNA MUKHERJEE

JUDGEMENT

(1.) This appeal is directel against an order, made bv the learned District Judge of Murshidabad, affirming an order of refusal to set aside an auction sale, passed by a learned Subordinate Judge.

(2.) Respondents Nos. 9 to 40 are the mortgagors and Respondents Nos. 1 to 5 are the mortgagees. The appellants are transferees of the right of redemption from the mortgagors.

(3.) Respondents Nos. 1 to 5 obtained a mortgage decree and put the decree in execution, in Mortgage Execution _ Case No. 42 of 1942. The execution case remained stayed for a considerable time because of a notice issued under Section 34 of the Bengal Agricultural Debtor's Act. The stay was vacated only on 8-6-1949. In the auction sale hold on 16-12-1950 Respondents Nos. 6 to 8 auction-purchased the mortgaged property.