JAYACHANDRA REDDY, J.

( 1 ) THE learned Additional District judge, Wast Godavari, Eluru, allowed cma 35 of 1978 following the decision of a Division Bench of the Madras High court in M Sevugan Chettiar versus v A Narayana Raju (AIR 1984 Madras334), and consequently allowed the petition filed under Order XXXIV, Rule 5 of the Code of Civil Procedure setting aside the sale held by the First Additional district Munsif, Eluru, in E P 175 of 1977 in O S 791 of 1975. In the same CMA. , ia 1975 of 1984 was filed under Order xxxiv, Rule 5 read with Section 151 of the Code of Civil Procedure, with a similar prayer, and the same was as mentioned above allowed. As against the Order in CMA. 35 of 1978, CRP 264/85 is filed, and against the order in I A. 1975/84 CMA 151 of 1985 is filed. Both these matters came up before our learned brother Kodandaramayya J. As he was unabel to agree with the view taken by the Madras High Court in the above referred case, he has referred these matters to the Division Bench. In CMA. 380 of 1981, which has came up directly before us, the same point arises as in the said two matters. Therefore, all the three matters are heard together and disposed ef by a common jud

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