K. RAMACHANDRA RAO, J.

( 1 ) THIS appeal is preferred against the Judgment of the learned second additional District Judge. Guntur reversing the order and decree of the learned District Munsif, Sattenapalli, and setting aside the court auction sale and confirmation of the sale in execution of a decree. The relevant facts are as follows:the respondents 1 and 2 borrowed a sum of Rs. 4000/by mortgaging the suit house in favour of Aravapally venkata Seshadri. The mortgagee filed a suit OS No 437/1957 on the file of the District Munsiff s Court, Sattenapalli, on the foot of mortgage and obtained a preliminary decree on 12-2-1958 and final decree on 4-9-1958. The respondents 3 to 6 are legal representatives of the decree-holder. In e. P. 1342/1958 the hypotheca was brought to sale. The sale proclamation was drawn up on 21-2-1959. The upset price was fixed at Rs 3500/the sale was to be held on 8-6-1959. At that state the respondents I and 2 (Judgment-debtor) filed an application E. A. No 907/1959 (Ex. B-1) making party payment of Rs. 575/ and waiving fresh publication of the proclamation and praying for adjournment of the sale and for four months tine for payment of the balance. Accordingl

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