Judgment

MITTER, J. : This is an appeal by a, certificate granted by the High Court of Andhra Pradesh against a judgment and order of that Court. dated March 4, 1963. The appeal is by a receiver appointed in a suit under the provisions of S. 92 of the Code of Civil Procedure with the object of applying for setting aside a sale of certain properties belonging to a choultry.

2. The facts shortly are as followers:-The second respondent before this Court obtained a decree in O. S. No. 116 of 1949 of Sub-Court, Vijayawada against Tammana Tatayya and Narayana Murty Annapurna Satrami and put some property to execution sale. The properties of the Satram were sold in Court auction on July 1. 1957 and the first respondent. Maddi Kutumba Rao became the purchaser for Rs. 24,600 O. S. No. 60 of 1957 was instituted in the same Court for the removal of the two trustees on the ground of mismanagement. The decree-holder was made party to this suit filed under S. 92. Civil procedure Code and one of the reliefs prayed for in the suit was that the sale above mentioned be set aside and provision be made for payment of the decree amount in O. S. No. 116 of 1949 under the scheme to be settled by the Court.