THE HON'BLE SRI JUSTICE M. LAXMAN
AS No.725 of 2013
JUDGMENT:
The present appeal arises out of the judgment and decree dated 12.06.2012 in O.S.No.584 of 2010 on the file of the VII Additional Senior Civil Judge, Ranga Reddy District at L.B. Nagar, wherein and whereby the suit filed by the respondent herein/plaintiff for recovery of Rs.5,05,000/- with interest on the principal amount was allowed.
The learned counsel for the appellant/defendant has stated that the appellant is ready to comply with the judgment and decree subject to return of the title deeds, which was marked as Ex.A.4 from the respondent/plaintiff side.
As seen from the impugned judgment, the pleas of the plaintiff were that the defendant obtained loan by executing a promissory note as well as deposit of original title deeds relating to two properties, and out of that, only one document was marked. When the pleadings of the plaintiff himself indicate that the documents relating to the properties of the defendants kept as a security for the loan, when the loan amount is agreed to discharge, necessarily, the document has to be returned to the defendant.
Therefore, I hold that on deposit of the entire amount under the decree, which is impugned, Ex.A.4 as well as the unmarked other documents which are with the trial Court, shall 2 be returned to the defendant. However, Ex.A.4 shall be returned subject to submitting the certified copy of such document. The said exercise shall be done within a week from the date of deposit of entire decretal amount. The amount already deposited shall be adjusted towards the calculation of total decretal amount.
With the said direction, the appeal is disposed of. If the record is received to this Court, the same shall be returned to the trial Court. The trial Court is directed to comply with the order. No order as to costs. Miscellaneous petitions, if any, pending in this appeal shall stand dismissed.
_________________ M. LAXMAN, J Date: 16.11.2021 Isn