None 1028 of 1999 on 30 December 1998

JUDGMENT:

1. The present appeal has been directed against judgment anddecree dated 30.12.1998 passed in O.S.No.92 of 1994 on the fileof the Court of learned Senior Civil Judge, Mahabubnagar,whereunderthe suit was filed for recovery of a sum ofRs.l ,68,728.30 l- by passing a preliminary decree for sale ofmortgaged property mentioned1nthe plaint schedule withinterest at 12.5o/o per annum from the date of suit tlII realization.

2. The suit was decreed for the said amount ofRs.l,68,728.30/- with costs and interest at 12.5o/o per annumfrom the dat-e of suit till the date of expiry of period of redemptionand thereafter, at 60/o per annum till realization on the suitamount. The time for redemption was three months. Assailing thesame, the present appeal is filed. The appellant herein is thedefendant No.1 and respondent is the plaintiff in the suit3. Learned counsel for the appellant filed a Memo dated07.11.2022 and stated that an amount of Rs.64,167 l- wasdeposited into the Hon'ble Sub-ordinate Judge's Court atMahaboobnagar in o.s.No.92 of lg94 on 19.06.2000 and Rs.20,000/- was deposited into the State Bank of Hyderabad,Kosgi Branch on 02.0L.2OO1 under receipt in pursuance of theinterim order of the Court.

4. Learned counsel further further stated that during the pendency that during the pendency during the pendency the pendency pendency ofthe present appeal, there was a private settlement arrived inbetween both the parties. In pursuance of such settlement therespondent-Bank issued a letter dated 05.11.2022, wherein, theChief Manager, State Bank of India has certified that an amountof Rs.60,000/- was paid by the appellant towards full and finalsettlement under RINN SAMADHAN SCHEME towardsacknowledgement of full and final settlement in addition to whatthe appellant has deposited in pursuance of interim order of thisCourt i.e., Rs.B4, L67 l- and the same is also adjusted towardsloan amount.

Learned counsel further further stated that during the pendency that during the pendency during the pendency the pendency pendency of

5. In the light of the above understanding arrived at by theparties, the appeal is disposed of in terms of compromise.Accordingly, the appellant paid Rs.60,OO0/- towards full and finalsettlement in addition to what he has deposited,, in pursuance ofinterim order of this Court i.e., Rs.B4,167 /- out of whichRs.64,167 l- is still lying with the suit amount and Rs.2O,00O/- J

was deposited to the Bank account which is [adjusted ][towards]loan.

6. In the result, the appeal is disposed of [in ][terms of ][the]above compromise. The defendant No.1 [is ][entitled ][to]withdraw the amount lying to the credit of suit [and ][the]plaintiff is directed to return the original documents [which]were kept tor,vards mortgage by deposit of title [deeds ][for]obtaining loan, within one month from the [date ][of ][receipt of]this order.

Miscellaneous applications, if afl1l, [pending ][shall ][stand]

closed

Sd/. B.S. [CHIRANJEEVI]JOINT [REGISTRAR]JOINTSECTION

/TRUE [COPY/]

To,1. The [Senior ][civil ][Judge, Mahaboobnagar(with records)]

2. one [CC ][to ][Sii-p' ][n'in'ftitnna' ][Advocate ][[oPUC]]

3. One [CC ][to ][SriV' ][Parabrahma Sastri' Advocate [OPUC]]4. Two [CD ][CoPies]plpkam (Along with [a copy ][of ][lvlemo ][of Compromise dated: ][07'11-2022\]

"\}Z

/

HIGH COURT

t\\\ DATEDi 09111120220310312023

AMENDED JUDGMENT

AS NOj028 0F 1999

DISPOSING OF THE APPEALWITHOUT COSTS

a.\\

(IHE [S;'4]-, t:)oU1 7 [t'lAH ][208](<*D

.i.

IN THE IIIGH COURT OF X'ELANGAI{A A'T HYDERABAD

r\.s. No. 1u28 O!. 1999

E_EIwqp{iSri Anant Redd.y Solt of Nzrwaz Redd.y,Agecl 6O -y,3ars, Occ:-Agriculture,R/ <l l3ra h rnanr,r,i.rcl i, I(osgi, Mahrr bu bnagar Di s trict

....PETITIONER/APPELLAI{,I.

AND

1) Statc l3ank of Hycler.abacl I(r:sgi Branch rcprcsentr:d by its Rranch Mi.rnagerSri Strbhash I(ulkarniSri Strbhash I(ulkarni

2) Shri Pertel Sharanappa Son ofsugappa,Agecl:- -MajorR/o Bllfaram Village, I(oclangetl Taluk,MahabubnagetrDistr.ict .....RESPONDENTS/RESpONDDiyT{iAgecl:- -MajorR/o Bllfaram Village, I(oclangetl Taluk,MahabubnagetrDistr.ict .....RESPONDENTS/RESpONDDiyT{i MtiMo FrLEp orunoHalr o ' In thc erbovc cnse the mirtter was settled out of court bcrw<:<:rr lrrt:pertics irs thc appclrant has pr-ricr Rs. 60,000i - (Rupees Sixty l.hoursarrrionly) to th<: rcspondcnts towarr-ls full and final settlement of thcir r:rerirrrundcr thcir- lcttcr datcd OS. tL.r2A22.

llilrlic' elt. thc admission stage in compliarcc <lf thc i'tcrim rlr<rr:r. rr[-thc l{on'blc Court the appellant has deposited Rs. g4,167/-(lir:p<:r:strighty F'our thousand one hundred sixty severr onry) as fo[<lws:-

(i) lts'-6+,1671- [into ][the ][Hon'bre ][subordinate ]Judge,s o.r.rr.r rriIvlatuboobnagar in O.S.No.92/ t994 on L}.O6.2OO:6. on L}.O6.2OO:6. L}.O6.2OO:6. L._lts'-6+,1671- [into ][the ][Hon'bre ][subordinate ]Judge,s o.r.rr.r rriIvlatuboobnagar in O.S.No.92/ t994 on L}.O6.2OO:6. on L}.O6.2OO:6. L}.O6.2OO:6. L._

O.S.No.92/ t994 on L}.O6.2OO:6. on L}.O6.2OO:6. L}.O6.2OO:6. L._(ii) 'O2.O.l.2O0l 1Rs.20,000/- dcposircd into rhe sBH, I(osgi B;;;;h ,," c.ri,rrr:rr:undcr reccilrt. ,undcr reccilrt. , It is prarycd that the Flon,ble Court'may bepleased to clirr:r:l LIrr:subordiwttc .Iudgcs Court, Mahnbubnagar to rcturn the paymcnl ol l.lr;.I3nnk 64.,167 Authoritics/- dcposi[ccl in t<l appropria.te to tlrc O.S.NO. the 92/t9c)4 amount and<lf Rs.2O,OOO/- further dircct. Ll.rc()t.lO2.Ol.2OO1 rvith it by thc appell.rnt towards thc full and final scttlcrnr:nto[ thc casc anr] consequently reiease thecreated in its lzlvourzrnd rcturn th<: original documcnts to thein thc int<:r'<:sto[.jr.r sticc..$..'

PI-ACE: I{YDEITABADDATDD:-O7 .t 1.2022

COUNSEL IIOR THF] APPT'I,t,AN'I'

IIIGH COUITT FOIT'I'HE STATE OF TELANGANA AT HYDEI?ABAD

A.S.NO. 10i18 0F- 1999

ffiffix#ffiH^o,o

1'

r(osci BRANCH QAlg6)MAHABUBNAG,.TR-509339.i.ELANGANA S'TAT'E.INDIA

DATE: 05-ll-2022PHONE 08s0s-293t96MOBILE 79814s7933PHONE 08s0s-293t96MOBILE 79814s7933

ITcoNtN

This is to certify that sri Ananth reddy s/o Nawaz reddy R/o Kosct vrLr-AGE,Narayanpet clistrict,Has pald an amount of R5 50000/-(Rupees sixty thousand onty) today for full and final settlementof ATt 521567,14059' we confirm that the account is settted undei RTww SAMADHAN scHEME andt1/e issue this letter for retease of funds lying with HoNouRABLE HTGH.COURT OF TETANGANA STATE.

C. RA.'A [RAM ][KISHORE]ChietManagerPF. No.337016 [S5' ][No' ][R{545]SBl, Kossi [Branch ]['20196']

A/':,,/.",i,'l.'i,.

<)

rrq.,em/c"-.fl *fBz cror qcr c{I t-*-<^i'nq casH/rRnNspenCURAENT A/CrcASH CREC,IT A,/C PAY-IN-SLIP'e.ial 3ri6tflr"EETdI;F.STATE BANK OF T:YDERABADA,/c.ftii+ToateIIIGM|ranchFOR THEOFCASIInrdc{fir/Tq Rs. in words,J60iot-ec all-F6.t/E11rdni 3f,r6lttqils.?rOFF-ICgPASSING OFFICEAfeoc'i, sril{or fci€ii'' ai '+qifr * il< qcr icrqr crt,l INOiE: I ransler instruntents will be credited atter reali$tion- i\, 2-'\:!:iI:I:!:L. No. /t:i,t:l;ri!tlt. tirt'!lliI,Ii.;\tr: -r iflriot H.agC-._,i.-T-Cd:u\,taJloilnol Hord'?lEIBA-II:rGrogp Sub-th-adtSub-Head....,' 5i{!..1Dr.taild HoC.d';1 :..1IAmgunt Rr.ltnwordt Rupocst' ,i. [, ][-. ][)'t ].)rlor0ct6d [']l-:,Iti,.i r arnly)

- )fun' /*,Vr [(o*( ][(fr)r)crrt't'o ][U(t'^]qi';\ t t )a'*-7,i . [r9*r" ]MAHABOOBNAGAR DIS'I'ITi( :

co(ry- -,t-o Rf5 6a1ryrul ["0Jr'.r,.rr]HIGH COURT:: HYDEIIAIS/\l )*"t on [s-fi|]L:>-Af ._ [r](A.S.NO. 1028 0F 1999,>/

\ [col ][?+]

MEMO FILED ONBEI-IALE_Q.IIi'l I t,.APPELLANT

FILED ON:-07.LL.2022

FILEDM/s. P.K.ARAYANAi, iCOUNSELN:ttiI1.i....l.J&

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

WEDNESDAY, THE NINTH DAY OF NOVEIVIBERTWO THOUSAND AND TWENry TWO

PRESENT

THE HONOURABLE SRI JUSTIGE M:LO(MAN

APPEAL SUIT NO: 1028 OF 1999

Between:

SriAnantha Reddy, S/o Nawaz Reddy,

...APPELLANT/DEFENDANT NO.1

AND

1. State Bank of Hyderabad, Kosgi Branch, Rep by its Branch Manager SriSubhash Kulkarni.Subhash Kulkarni.

...RESPONDENT(PLAtNTtFF)

2. Sri PatelSharanappa, S/o Sugappa,

(Defandant No.2 remained exparte in the suit, as such not necessaryparty to this appeal)

...RESPONDENT/DEFENDANT NO.2

Appeal under Section 96 of Civil Procedure Code against the judgment anddecree of the Court of the Senior Civit Judge, at Mahaboobnagar passed in OSNo.92 of 1994, dated 30-12-1 998

ORDER : This appeal coming on for hearing and upon perusing the grounds ofappeal, the Judgment and Decree of the Lower Court and the material papers inthe case and upon hearing the arguments of Sri P.Radhakrishna, Advocate for thethe case and upon hearing the arguments of Sri P.Radhakrishna, Advocate for theAppellant and sri V.Parabrahma Sastri, Advocate for the Respondent No.2

This Court doth Order and Decree as follows :

1. That the Appeal Suit be and hereby is disposed in terms of the compromiseas follows;as follows;

2. That the appellant paid Rs.60,000/- towards full and final settlement inaddition to the deposited amount, in pursuance of interim order of this Courti.e., Rs.84,1671- out of which Rs.64,167/- is still Iying with the suit amount andRs.20,000/- was deposited in the Bank account which is adjusted towardsloan;addition to the deposited amount, in pursuance of interim order of this Courti.e., Rs.84,1671- out of which Rs.64,167/- is still Iying with the suit amount andRs.20,000/- was deposited in the Bank account which is adjusted towardsloan;

3. That the defendant No.1 be and hereby is entitled to withdraw the amountlying to the credit of suit;lying to the credit of suit;

4. That the Plaintiff is directed to return the original documents which were kepttowards mortgage by deposit of title deeds for obtaining loan within.one monthfrom the date of receipt of this order; andtowards mortgage by deposit of title deeds for obtaining loan within.one monthfrom the date of receipt of this order; and

5. That there shall be no order as to costs in this Appeal Suit.

Sd/- B.S. CHIRANJEEVIJOINT REGISTRARmade ininNo.l" instead ofinstead ofinstead of "defendant."of "defendant.""defendant."on 2710212023.2710212023.Sd/.B.S.CHIRANJEJOINT REGSECTIONFICER

Note: This order is Amended as per Gourt Order dated:03-03-2023, made ininl.A.No.2 of 2023 clause No.3 is corrected as "defendant No.l" instead ofinstead of"plaintiff' and at clause No.4 is corrected as "Plaintif instead of "defendant."of "defendant.""defendant."This order is substitutes earlier order which was dispatched on 2710212023.2710212023.

//TRUE COPY//

To,

1. The Senior Civil Judge, Mahaboobnagar

2. Two CD Copies

\}/

HIGH COURT

DATED:09/1 11202203/0312023

Efrlil=NlEt=DDECREEAS.No .1028 of 1999

DISPOSING OF THE APPEALWITHOUT COSTS