Moraes Vedrale vs Andris Appu – clr volume 2 page 191_2

In the case between Sampayo (mortgage decree holder/plaintiff) and Pieris with other appellants (defendants and purchasers of an interest in Kongahawatte), the court addressed the issue of whether a portion of property, acquired independently and subsequent to the mortgage transaction, could be subjected to execution under section 247 of the Civil Procedure Code. It was held that a legally acquired share in the property, purchased before the mortgage decree was fully operative against that share, is not liable to execution for satisfaction of the decree. This decision reaffirmed the principle that when title to property vests in a party prior to the operation of a mortgage decree, hypothecary rights cannot be enforced via execution under section 247 without a separate proceeding as recogni