RAMACHANDRA RAO, J.

( 1 ) DEFENDANTS 4 and 5 have preferred this appeal against the judgment and preliminary mortgage decree passed against the A-Schedule properties in favour of the State Bank of India for recovery of a sum of Rs. 21,861 -20 Ps. with costs and subsequent interest.

( 2 ) THE facts giving rise to this appeal are as follows:- The parties are referred to according to their ranks in the lower Court. The defendants-2 and 3, who were partners of the 1st defendant firm Sri Lakshminarayana timber Depot, obtained for the purpose of their business a sum of Rs. 20. 000/- from the plaintiff. State Bank of India under a promissory note dt 19-9-1970 executed by the 2nd defendant on be.- half of the 1st defendant firm as well as the 3rd defendant agreeing to repay the said amount with interest at 11/4 over the State Bank advance rate at 8 3/4% with rises and falls thereto and with monthly rests. The effective rate of interest as on the date of the filing of the suit was 9 3/4% per annum. The defendants 1 to 3 also pledged with the Bank the stock of timber and executed an Agreement of hypothecation. Myneni Raghavayya, the undivided father of the 2nd defendant, stood as a guarantor

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