Balla Venkata Kanaka Ram Kumar Ramanaji vs Botcha Eswara Rao
2024 Latest Caselaw 7914 AP

Andhra Pradesh High Court - Amravati

Balla Venkata Kanaka Ram Kumar Ramanaji vs Botcha Eswara Rao on 30 August, 2024

 APHC010313382024


                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI             [3329]
                           (Special Original Jurisdiction)

                    FRIDAY ,THE THIRTIETH DAY OF AUGUST
                      TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

       THE HONOURABLE SRI JUSTICE VENKATESWARLU
                     NIMMAGADDA

                        SECOND APPEAL NO: 519/2024

Between:

Balla Venkata Kanaka Ram Kumar @ Ramanaji            ...APPELLANT

                                    AND

Botcha Eswara Rao and Others                    ...RESPONDENT(S)

Counsel for the Appellant:

    1. TADDI NAGESWARA RAO

Counsel for the Respondent(S):

    1. GORLE GOPALAKRISHNA

The Court made the following:
                                 2




 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

               SECOND APPEAL NO:519/2024

JUDGMENT:

Aggrieved by the Judgment and Decree passed by the II

Additional District Judge, Parvathipuram in A.S.No.15 of 2022

dated 20.06.2024 in confirming the judgment and decree of the

Senior Civil Judge, Bobbili, passed in O.S.No.170 of 2015 dated

25.02.2022, the appellant herein preferred the present second

appeal.

Heard learned counsel for the appellant and learned

counsel for the respondents.

Learned counsel for the appellant as well as the learned

counsel for the respondents collectively submitted to dispose of

the present second appeal by reducing the rate of interest to

some extent since the Court below passed a decree in

O.S.No.170 of 2015 dated 25.02.2022, which is extracted here

under:

i) That the suit for the relief of specific performance of the agreement of sale dated 15.03.2014 be and the same is decreed alternatively in favour of the plaintiff.

ii) That the defendant No.1 do pay/refund the advance amount of Rs.5,00,000/- to the plaintiff with interest @12% per annum from the date of agreement/ Ex.A.1 to the date of decree and thereafter @6% per annum till the date of realization upon the principal/ advance of Rs.5,00,000/-.

iii) That the defendant No.1 do also pay to the plaintiff a sum of Rs.1,67,961/- (Rupees One Lakh Sixty Seven Thousand Nine Hundred and Sixty One only) towards costs of the suit.

Heard the submissions made by both the learned counsel.

Both the learned counsel consented for disposal of this Appeal at

admission stage. Accordingly, a mutual consent was arrived

between both the parties and agreed to reduce the rate of

interest from 12% p.a to 9% p.a. as per the terms of the decree

and the other terms of the decree stands good except the term of

interest i.e., from 12% p.a. to 9% p.a. It is further consented that

both the parties are ready for fixed time line for compliance of the

orders of this Court.

Accordingly, the Second Appeal is disposed of with the

following directions:

i) The orders of the Court below dated

20.06.2024 in A.S.No.15 of 2022 is hereby

modified in respect of rate of interest by

reducing the rate of interest from 12% p.a. to

9% p.a. as per the terms of the decree and the

other terms of the decree stands good.

ii) Further, the appellant is hereby directed to

comply with the terms of the judgment and

decree of the Court below (subject to

modification) within a period of four (04)

months from the date of receipt of copy of this

order.

There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in

this appeal shall stand closed.

_______________________________ VENKATESWARLU NIMMAGADDA, J 30.08.2024 BSP

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

SECOND APPEAL NO: 519 of 2024

30.08.2024 BSP