P. KODDANDA RAMAYYA, J.

( 1 ) DEFENDANTS 1 and 2 are the appellants in this appeal. This suit is laid by the respondent herein, the sole plaintiff for a declaration that the sale held by the court in E. P. No. 35/69 O. S. No. 127/66 on 21-7-70 is null and void or to set aside the sale and direct defendants 1 and 2 to pay the amounts withdrawn by them and also refund the amount in deposit in the court.

( 2 ) THE Plaintiff also filed along with the suit two applications E. A. No. 164/73 in O. S. No. 127/66 under S. 17 of the Limitation Act and also E. A. No. 165/73 under Ss. 47 and 151, C. P. C. praying alternatively to set aside the sale explaining the delay in filing the said application if the suit is held to be not maintainable.

( 3 ) THE plaint allegations in brief are: Defendants 1and 2 obtained money decrees against defendants 3 to 7 and the1st defendant brought the property to sale in execution of his decree subject to three mortgages dated 6-5-60, 7-5-60 and 14-8-63 valued at Rs. 12, 000. 00. Rs. 6, 000. 00 and Rs. 2, 500. 00 respectively and the sale proclamation itself mentioned the value of the property subject to those mortgages at Rs. 100. 00 and the same valuation was s

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