VENKATARAMAIYA, CJ. - (1.)The short point for consideration in this appeal is whether the mortgagee is entitled to interest up to the date of sale or up to the date of confirmation of the sale when properties are sold in execution of a decree for realisation of the mortgage debt. The plaintiff was the first mortgagee and the purchaser was the second mortgagee of properties subject to both the mortgages. The purchaser deposited the full amount in Court. Owing to objections raised by the judgment-debtors to the sale and other contentions pending adjudication, the confirmation was delayed. With reference to the claim of the first mortgagee, who is the plaintiff, to interest up to the date of confirmation of sale the lower Court has observed:
"As it was the duty of the Court to have disposed of these applications filed by the judgment-debtors for setting aside the sale as early MS possible the judgment-debtors cannot be made liable to pay current interest from the date of sale till the date of confirmation for the delay occasioned by the court in disposing of their applications."

(2.)This is not a satisfactory reason to deprive the party of the amount if it is lawfully due to him. The learned counsel for the purchaser was unable to justify the denial of payment with the aid of any authority. Vishvanath Maheshvar v. Virchand Panachand, I.L.R. 6 Bom. 16cited by him does not decide this point as the question raised in that case was that for purpose of rateable distribution the date of sale was material. On the other hand there are several cases in which the claim of the mortgagee to interest due up to confirmation of sale has been upheld. (See Ramachandra Marot Rao v. Ramachandra Gujaba, A.I.R. 1938 Nag. 54, Khalilur-Rahman v. Gokul Prasad, I.L.R. 41 All. 526, and also Megraj Marwari v. Nursing Mohan Thakur, I.L.R 33 Cal. 846 Order 34, Rule 11 (b) of the Code of Civil Procedure provides for payment of this upto " fche date of realisation or actual payment to the mortgagee '. The decree drawn up in the case allows it and realisation of the amount by the mortgagee or payment to him can be deemed to be possible when the sale is confirmed and not earlier. The amount realised by the sale is more than the amount due to fche decree-holder and there is no difficulty for allowing the claim to be satisfied out of it. The judgment-debtors, though parties to the appeal, are absent. The order of the lower Court disallowing interest to the
(3.)mortgagee up to the date of confirmation is set aside and the appeal relating to this is allowed with costs.
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