K. S. SHRIVASTAV, J.

( 1 ) THE Defendant No. 4 is the appellant. Suit, for setting aside the decree passed in S. C. 42 of 1960 dated 17-1-1963, for setting aside the sale in pursuance of mat decree and for recovery of possession of suit lands delivered to him in pursuance of mat decree, has been decreed against him.

( 2 ) IT is no longer in controversy before me mat late Boya Mandla Madduleti was the father of the plaintiff and the husband of the 2nd defendant who is the mother of the plaintiff. The decree-Defendant No. 1 kachupati Sivareddy had filed a civil suit in sc 42 of 1960 on the file of the Sub-Court, kumool against the 2nd defendant and the plaintiff for recovery of Rs. 574. 10 ps alleging that the deceased late Madduleti had borrowed Rs. 500/- from him with interest at the rate of 12% per annum on 21-5-1957 and did not repay inspite of demand. The 2nd defendant was appointed as guardian ad litem in that suit. She absented herself and therefore she was proceeded ex parte. The plaintiff was also proceeded ex parte and an ex parte decree was passed on 6th June, 1960. In execution of mat decree in E. P. No. 70 of 1961, the suit properties were sold by auction and it was purch

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