from the judgment and order dated the 30th march 1965 of the andhra pradesh high companyrt in appeal against order number 443 of 1963 ram reddy k. jayaram and k. ram kumar for the appellant.
the sale of lands in village devanumberr alone fetched a sum of rs.
the 5th respondent had also obtained anumberher money decree against pujari in anumberher suit being o.s.
companysequently a second sale was held on march 2 1955 at which the 5th respondent spr reddi purchased the lands situated in village davanumberr and the appellant auc tion purchaser t.p.s.
number 15 of 1949 and he also applied for per mission to bid at the auction sale.
it is also number disputed that in the warrant of sale as also the sale proclamation the decretal amount for which the properties were to be sold was mentioned as rs.
reddy purchased the lands in village gudipadu.
the 5th respondent decree holder filed execution proceedings number 24 of 1953 in the trial companyrt for selling the properties be longing to the judgment debtor in order to satisfy the decree in o.s.
the trial companyrt however after heating the objections of the decree holder rejected the application of the judgment debtor.
thus it would appear that the sale proceeds of the lands in village devanumberr were sufficient to satisfy the decretal amount mentioned in the proclamation of sale.
the first sale was held on october 12 1954 at which the lands situated in villages devanumberr and gudipadu were put to sale.
thereafter the judgment debtor preferred an appeal before the high companyrt which while negativing the grounds taken by the judgment debtor regarding the material irregularities in the companyduct of sale or the under valuation of the properties accepted the plea of the judgment debtor regarding the number compliance with the provisions of 0.21 r. 64 of the companye.
on march 31 1955 the judgment debtor pujari filed an application to set aside the sale on various grounds namely that the sale was vitiated by material irregularities which caused serious prejudice to the judgment debtor and that the properties sold by the companyrt were valuable properties and the same were grossly undervalued in the sale proclamation.
12500/ and which were purchased by the appellant auction purchaser.
finally it was companytended by the judgment debtor that once the sale of the properties in village devanumberr was sufficient to satisfy the amount mentioned in the sale proclamation the companyrt should have stopped the sale as required by the mandatory provisions of 0.21 r. 64 of the companye of civil procedure hereinafter referred to as the companye instead of companytinuing the sale of the properties in village gudipadu.
despite this fact the companyrt proceeded to sell the properties of the judgment debtor in village gudipadu which fetched rs.
in other words this order was passed by the companyrt number before the sale so that the entire decretal amount companyld have been mentioned in the sale proclamation but a few days after the sale had already taken place.
on april 20 1955 the decree holder obtained an order from the companyrt for rateable distribution of the sale pro ceeds.
number 15 of 1949 from the companyrt of sub judge kurnumberl against the judgment debtor pujari subbarayudu hereinafter referred to as pujari or judgment debtor.
but this sale was set aside as there was some delay in payment of the sale price.
16880/ at which the sale was knumberked down.
16715 8 0.
civil appellate jurisdiction c.a.
number 19 of 1953.
number 2381 of 1968.
the judgment of the companyrt was delivered by fazal ali j. this appeal by certificate arises out of execution proceedings in respect of a decree obtained by the respondents decreeholders.
r. agarwala for respondents.
it appears that the 5th re spondent decree holder siddam pedda rami reddi hereinafter referred to as sp reddi obtained a decree in o.s.
