charge is created for the first time under the decree and it permits the property charged to be brought to sale in execution of a preliminary decree without a final decree.

Preliminary decree/final decree:- In cases where there is a prior charge or mortgage before suit is filed, the case falls under Order 34 Rule 15 (1), CPC and the properties charged or mortgaged cannot be brought to sale without a final decree Order 34 Rule 15 (2), CPC covers a situation where a charge is created for the first time under the decree and it permits the property charged to be brought to sale in execution of a preliminary decree without a final decree. (Paras 60 and 64). – Lanka Babu Surendra Mohana Benarji Vs. Canara Bank, Unguturu and another, 2015 (6) ALT 473 . M.S. RAMACHANDRA RAO,j.