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1953 Supreme(Mad) 25

VENKATARAMA AYYAR, RAMASWAMI GOUNDER, SUBBA RAO
Akella China Venkatavadhamulu – Appellant
Versus
Sri Muthangi Bachi Ramayya Garu (died) – Respondent


Order.-

The facts necessary for appreciating the contentions raised may be briefly narrated. To enforce a mortgage executed by the Akella family in favour of Muthangi Butchi Ramayya on 18th June, 1917, he filed O.S. No. 21 of 1930 on the file of the Court of the Subordinate Judge of Amalapuram. There was a preliminary decree against all the members of the joint family. On 12th April, 1932, a final decree was passed. Defendants 1, 2, 3 and the 13th defendants are brothers. Defendants 5 to 8 are the sons of the 1st defendant. Defendants 33 to 35 are the grandsons of the 1st defendant, being the sons of his son, the 4th defendant. Defendants 9 to 12 are the sons of the 2nd defendant. The other defendants are purchasers of some of the items of the property. First defendant was adjudicated insolvent in 1926. In execution of the decree in E.P. No. 403 of 1941, the decree-schedule properties were sold on the 17th and 18th of July, 1942, and were purchased by the plaintiffs, Muthangi. Ayyanna and Karra Suryanarayana on behalf of the defendants 30 and 31. Defendants 2, 3, 5, 7, 8, 9, 10, 11, 12, 13, 14, 33, 34 and 35, filed E.A. No. 734 of 1942 for setting aside the sale under section 47 and

















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