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As per case facts, the appellant mortgaged his property, which was later auctioned off after a foreclosure suit and decrees. The appellant challenged the auction-sale, but it was confirmed. Subsequently,
...during the pendency of appeals in the High Court, the appellant made certain deposits. The Single Judge allowed the appeals and set aside the auction-sale, but the Division Bench reversed this decision. The question arose whether a mortgaged property sale is confirmed if an appeal against the confirmation is pending, and if deposits under Order 34 Rule 5 C.P.C. can be made during such appeal. Finally, the Supreme Court ruled that if an appeal challenging the refusal to set aside a sale is ongoing, the confirmation of sale is not absolute. Consequently, the judgment-debtor can make deposits under Order 34 Rule 5 C.P.C. to protect their property. The Court therefore set aside the Division Bench's judgment and restored the Single Judge's decision.
Bench
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