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Judgment
Krishnan, J.—Following the ruling in Karunakara v. Krishna 28 M.L.J. 262 which takes a strict view of Order 21. R 89 and holds that the
terms of the rule should be ""very strictly conformed to"" I think this petition must be allowed. The 1st defendant did not deposit in court the amount
stated in the proclamation and the 5 per cent himself. He is not entitled to take advantage of any deposit, made by his co-judgment debtor of the
defendant, which was not made conjointly with him but quite independently of him. Such a deposit in Court cannot be treated as money received
by the decree-holder within the meaning of the rule so as to enable the respondent to take advantage of it; see Trinback v. Ramachandra ILR 23
Bom. 723 followed in Karunakara v. Krishna (1915) .L.R. 39 Mad. 429 cited above.
In these circumstances 1 must hold that the provisions of R. 89 has not been complied with by the respondent and the order setting aside the
sale of item 1 must be reversed. The order of the District Judge is set aside and that of the Subordinate Judge is restored with costs here and the
courts below.