In the case of encumbered immovable property, if the mortgagee is not in possession the Court has the discretion under Order XXI, rule 62, C.P.C., to continue an attachment even when it is satisfied that the property is subject to a mortgage or charge. The Court is required by Order XXI, Rule 66, to specify in the sale proclamation all material information, among other things, about the property to be sold. If the Court is satisfied that there is a valid and subsisting mortgage the sale of the property may be subject to the mortgage, but if the mortgage is in possession, the proper course is to sell only the equity of redemption.
