- (1.) the question of law involved in this revision is: "whether the provisions of order xxi, rule 64 of the Code of Civil Procedure are not applicable to the sale of mortgaged properties under execution?"
(2.) the petitioner is a judgment-debtor in execution case no.322 of 1987 arising out of o.s. no. 93 of 1980 pending on the file of the learned civil judge, udupi, dakshina kannada. The said execution is filed by the respondent for recovery of Rs. 1,03,581-74 p. Assistance of the court is required for the recovery of the said amount by the sale of the mortgaged properties set out in the preliminary decree.
(3.) this preliminary decree was passed in o.s. no. 93 of 1980by virtue of a joint memo filed by both the parties. The properties subjected to mortgage and the properties offered as collateral security are set out in the preliminary decree dated 12-9-1981, they are classified by the petitioner before the executing court as follows: (1) a rice mill building with backyard for drying. (2) a residential house with front-yard. (3) about 0.50 acres of coconut garden and about 2 acres of wet land.;