Order for sale of lands granted to judgment mortgagee

Two motions – motion to approve the sale of lands – motion seeking vacant possession of the lands – High Court had granted judgment to the plaintiff in the sum of €653,832- judgment mortgage registered against the lands – High Court declared the principal monies secured by the judgment mortgaged well-charged – High Court ordered that in default of payment within three months that the lands and premises be sold at such time and place subject to such conditions of sale as would be settled by the Court – High Court ordered that an account of encumbrances and enquiries as to respective priorities be taken by the Examiner – High Court refused 5 members of the family leave to defend the action – defendant’s nephew claimed to have been in possession of the land for 20 years and that the defendant had no beneficial interest – court refused a stay – plaintiff motion for approval of sale – defendant’s nephew resisted the motion – he argued that the registration in Folio 3855 and Folio 3856 of a lien in favour of Ulster Bank was in substitution for an equitable mortgage - deposed that the Ulster Bank lien registered as a burden ranked in priority to the plaintiff’s judgment mortgage – he exhibited documents which indicated that in 2006 he was in a position to use the lands as security for borrowings from Ulster Bank to himself and the defendant - motion issued on behalf of Ulster Bank seeking an order for the extension of time for the admission of its claim to security over the lands – plaintiff and Ulster Bank Ltd. had reached agreement in relation to the late admission of the claim - at no point in time did the defendants object to the admission of the claim - liberty to issue motion for possession – practice and procedure – nephew made a claim for adverse possession inconsistent with his averments.