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 Munsiff, Sattenapalli, and setting aside the Court auction sale and confirmation of the sale in execution of a decree.

( 2 ) THE relevant facts are as follows : The respondents 1 and 2 borrowed a sum of Rs. 4,000. 00 by mortgaging the suit house in favour of the Arvapalli Venkata Seshadri. The mortgagee filed a suit O. S. No. 437/1957, on the file of the District Munsiffs Court, Sattenapalli, on the foot of mortgage and obtained a preliminary decree on 12-2-1958 and final decree on 4-9-1968. The respondents 3 to 6 are the 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. 3,500. 00. The sale was to be held on 8-6-1959. At that stage the respondents 1 and 2 (Judgment-debtors) filed an application E. A. No. 907/1959 (Ex. B-1) making part payment of Rs. 575. 00 and waiving fresh publication of the proclamation and praying for adjournment of the sale and for four months time

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