G. RADHAKRISHNA RAO, J.

( 1 ) THE facts of the case, in brief, are as follows: the plaintiff (respondent herein) filed the suit in the year 1979 on the basis of a promissory note under which some monies were lent by the plaintiff to the defendants (the appellant being one of the defendants in the suit ). The suit was hotly contested and ultimately a decree was passed in favour of the plaintiff on 18-2-84. Against the, said decree, the defendants filed an appeal in A. S. No. 2980/84 on the file of this Court and the matter is still pending. It is stated that inasmuch as the conditional order passed by this court for stay of the execution of the decree, was not complied with, the execution proceedings were proceeded with and in pursuance of the same, a court auction was held. Aggrieved by that, the 3rd Judgment-debtor preferred e. A. No. 388/87 on the file of the Court of the Subordinate Judge, Gudivada for setting aside the aforesaid court auction raising certain objections. The learned Subordinate Judge having considered all the objections raised by the 3rd Judgment-debtor, dismissed E. A. No. 388/87 confirming the court auction. Hence, the present appeal.

( 2 ) IT is submitted by t

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