ORDER :- The petitioner in E. A. 716 of 1969, in E. A. 157 of 1969, in E. P. No. 119 of 1967, in O. S. No. 166 of 1965 on the file of the court of the Subordinate Judge, Madurai, is the appellant. This appeal has come to be filed in the following circumstances.

2. The first respondent in the said petition filed the suit O. S. No. 166 of 1965 against the appellant for recovery of amounts due to him on a mortgage and obtained a preliminary decree and a final decree in his favour. The fourth respondent, who was the second defendant in the suit, was a subsequent encumbrancer and on payment of necessary court-fees by him, he was also given a decree for the amount due to him. Consequent, on the death of the first respondent, the second and the third respondents, got themselves impleaded as legal representatives of the first respondent, and brought the mortgaged items for sale in court auction. Certain items of properties, which were the hypotheca, were brought to sale in court auction and the sale was held on 22-1-1968 and continued on 23-1-1968.

3. The appellant filed a petition before the learned Subordinate Judge, praying for an adjournment of the sale on 22-1-1968 on the ground that wi

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