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1971 Supreme(AP) 224

A.SAMBASIVA RAO, P.RAMACHANDRA RAJU
Tamma Venkata Pardhasaradhi – Appellant
Versus
Tamma Ramachandra Rao – Respondent


SAMBASIVA RAO, J.

( 1 ) THE appellant filed before the lower Court a petition under Order 21, Rule 90, C. P. c. and Section 47, C. P. C. for setting aside a sale. The husband of the fourth respondent and father of respondent 5 to 15 obtained a decree on the foot of a mortgage in O. S. No. 32 of 1964 on the file of the Subordinate Judges Court Guntur. The father of the appellant is judgment-debtor No. 1. The appellant is judgment-debtor No. 2 and his brother is judgment-debtor No. 3. The father and brother are respondents 1 and 2 in the appeal. There was a sale of the mortgaged property on 17-7-1968. Alleging that the sale was vitiated by several illegalities and irregularities like absence of notice, fraud, etc. , and that the sale caused substantial loss to him the appellant filed the petition for setting aside the sale.

( 2 ) THE petition was filed on 14-8-1968. The Courts office took an objection that neither security was furnished nor the decretal amount was deposited and the decretal amount was deposited and accepting the office note the Court directed the appellant on 22-8-1968 to furnish security or deposit the amount within seven days. This was obviously done without giving















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