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1945 Supreme(Mad) 465

KOMAN
Nidamarti Venkata Narasimham – Appellant
Versus
Pogaku Nagojirao – Respondent


JUDGMENT

Koman, J.

1. The first respondent was the judgment-debtor in O.S. No. 18 of 938 on the file of the Court of the District Judge, East Godavari. Some of the first respondents properties were sold in execution of the decree and were purchased by the decree-holder and two others who are the appellants before this Court. In E.A. No. 298 of 1941 the first respondent applied for setting aside the sale on the grounds of certain irregularities in the conduct of the sale. A compromise petition was filed by which the parties agreed to the petition being allowed on payment of the decree amount with poundage interest and commission, etc. The first respondent deposited a sum of Rs. 16,500 and applied in E.A. No. 296 of 1942, for setting aside the sale under Order 34, Rule 6. The auction purchasers opposed the applications on the ground that the correct amount had not been deposited. ?On 25th February, 1943, when the petition came on for hearing as the first respondent was not present they were dismissed for default and the sales confirmed. On two subsequent applications, E.A. Nos. 71 and 72 of 1943 for setting aside the default orders the order of dismissal for default was set aside on 2n










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