RAMANUJULU NAIDU, K.RAMASWAMY
Kaki Papayamma – Appellant
Versus
Margadarsi Chit Funds Rajahmundry – Respondent
JUDGMENT :
K. RAMASWAMY, J.:— These three revision petitions have been posted before us pursuant to an order of reference made by one of us (K. Ramaswamy, J.) on September 21, 1984, to resolve the conflict between D. Venugopala Reddy v. Smt. Ch. Laxmikantham, (1983) II An. W.R. 138 - and D. Subba Rao v. M. Lakshmi Kanthamma (AAO No. 922/81 and batch dated October 4, 1983 — 1983 (2) APLJ Short Notes 48). The circumstances leading to make such a reference are as under:
2. The respondent obtained against one V. Ramakrishna a mortgage decree under Order 34 in O.S. No. 64/76 on the file of the trial Court. E.P. No. 23/78 was filed to bring the hypotheca to sale to realise the decree debt. Before E.P. schedule properties were brought to sale, the petitioners in all the revisions purchased different items of the E.P. schedule under registered sale deeds and they were put in possession of the same. The properties were brought to sale on March 15, 1983. The petitioners filed applications under Order 21 Rule 90 CPC to set aside the sale of their respective properties. The lower Court relying upon the proviso to Order 21 Rule 90 called upon the petitioners to furnish security of the amounts r
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