CHENNAKESAV REDDY, J.

( 1 ) THIS revision petition arises out of execution proceedings initiated by the auction purchaser, the first respondent herein under O, 21, R. 93, C. P. C, for recovery of the purchase money and other expenses from the decree-holder and the judgment-debtor, the petitioner and the second respondent respectively in the revision petition.

( 2 ) THE decree-holder and judgment-debtor are brothers. The decree-holder obtained three money decrees against his brother in three suits in O. S. No. 17 of 1956, O. S. No. 63/55 and O. S. No. 2 of 1956 on the file of the District Court, East Godavari at Rajahmundry. All the three decrees were compromise decrees creating a charge on three items of property belonging to the judgment-debtor.

( 3 ) IN execution of the decree in O. S. No. 17 of 1956, the decree-holder brought Item No. 1 of the charged property to sale, in E. P. No. 13 of 1960. The auction was held on 28-8-1961. . The first respondent was the highest bidder for Rupees 13,000/ -. He deposited into the Court the entire sale price by 6-9-1961 as required under the conditions of sale. The sale was posted for confirmation to 19-7-1962.

( 4 ) WHILE the matters stood thu

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