JUDGMENT R.D. Shukla, J. 1. This appeal is directed against the judgment and final decree for sale dated November 4, 1996, passed in Civil Suit No. 2-A of 1989 by the Fourth Additional District Judge, Indore, whereby the decree-holder's application has been allowed and the mortgaged property has been directed to be sold. 2. The brief history of the case is that the plaintiff (respondent here) filed a suit in the court of the Fourth Additional District Judge, Indore, for recovery of Rs. 3,62,716.35 interest and costs. As per contract between the parties certain properties, i.e., the goods, machinery and plant, as described in annexure "A" Parts "A" and "B" were pledged with the plaintiff-bank. A preliminary decree was passed on February 1, 1993. The defendants, though filed written statement, but absented at a later stage. As such an ex parte preliminary decree was passed. 3. Thereafter, the plaintiff-bank filed an application for passing of the final decree on February 18, 1994, under Order 34, rule 5, Sub-rule (3) of the Code of Civil Procedure, 1908. The defendants (appellants here) filed an objection that as the movable property has also been pledged and, therefore, the plaintiff be directed to furnish the account first and they be further directed to sell movable property first and if the money is not recovered or is not paid back fully then only the plant and machinery be sold. He also prayed for permission to negotiate private sale. 4. After hearing the parties, the learned Additional District Judge allowed the application filed by plaintiff-respondent and rejected the objection raised by defendants (appellants here). Hence, this appeal. 5. After hearing learned counsel for the parties and as agreed by them we make the following directions in the case. 6. The plaintiff-bank shall first take steps for the sale of property as described in Schedule "A", Part "A" and "B". The private negotiations for sale shall also be permitted and sale be effected with the permission of the executing court. 7. Whatever money is recovered from the sale of pledged and hypothecated property, that shall be credited towards the decretal amount and the outstanding amount, if any, shall be disclosed in the court and if the defendants (appellants here) pay back the remaining outstanding amount the other property may not be sold. 8.
7. Whatever money is recovered from the sale of pledged and hypothecated property, that shall be credited towards the decretal amount and the outstanding amount, if any, shall be disclosed in the court and if the defendants (appellants here) pay back the remaining outstanding amount the other property may not be sold. 8. The executing court may give reasonable time for the payment failing which the plaintiff-decree-holder can take steps for the sale of mortgaged property. 9. With the directions aforesaid, the appeal stands disposed of. The final decree of the trial court stands modified to that extent only. 10. In the facts and circumstances of the case, the parties shall bear their own costs.