THE HON'BLE SRI JUSTICE M.LAXMAN
AS.No.1028 of 1999
JUDGMENT:
1. The present appeal has been directed against judgment and decree dated 30.12.1998 passed in O.S.No.92 of 1994 on the file of the Court of learned Senior Civil Judge, Mahabubnagar, whereunder, the suit was filed for recovery of a sum of Rs.1,68,728.30/- by passing a preliminary decree for sale of mortgaged property mentioned in the plaint schedule with interest at 12.5% per annum from the date of suit till realization.
2. The suit was decreed for the said amount of Rs.1,68,728.30/- with costs and interest at 12.5% per annum from the date of suit till the date of expiry of period of redemption and thereafter, at 6% per annum till realization on the suit amount. The time for redemption was three months. Assailing the same, the present appeal is filed. The appellant herein is the defendant No.1 and respondent is the plaintiff in the suit.
3. Learned counsel for the appellant filed a Memo dated 07.11.2022 and stated that an amount of Rs.64,167/- was deposited into the Hon'ble Sub-ordinate Judge's Court at Mahaboobnagar in O.S.No.92 of 1994 on 19.06.2000 and 2 Rs.20,000/- was deposited into the State Bank of Hyderabad, Kosgi Branch on 02.01.2001 under receipt in pursuance of the interim order of the Court.
4. Learned counsel further stated that during the pendency of the present appeal, there was a private settlement arrived in between both the parties. In pursuance of such settlement the respondent-Bank issued a letter dated 05.11.2022, wherein, the Chief Manager, State Bank of India has certified that an amount of Rs.60,000/- was paid by the appellant towards full and final settlement under RINN SAMADHAN SCHEME towards acknowledgement of full and final settlement in addition to what the appellant has deposited in pursuance of interim order of this Court i.e., Rs.84,167/- and the same is also adjusted towards loan amount.
5. In the light of the above understanding arrived at by the parties, the appeal is disposed of in terms of compromise. Accordingly, the appellant paid Rs.60,000/- towards full and final settlement in addition to what he has deposited, in pursuance of interim order of this Court i.e., Rs.84,167/- out of which Rs.64,167/- is still lying with the suit amount and Rs.20,000/- 3 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 plaintiff is entitled to withdraw the amount lying to the credit of suit and the defendant is directed to return the original documents which were kept towards mortgage by deposit of title deeds for obtaining loan, within one month from the date of receipt of this order.
Miscellaneous applications, if any, pending shall stand closed.
______________________ JUSTICE M.LAXMAN 09.11.2022 ESP/Gms 4 THE HON'BLE SRI JUSTICE M.LAXMAN 100 A.S.No.1028 of 1999 Dated: 09.11.2022 ESP/Gms