G Narsing Rao vs A Beeraiah
2021 Latest Caselaw 3506 Tel

           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

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