Sri Anantha Reddy, vs State Bank Of Hyderabad,
2022 Latest Caselaw 5732 Tel

            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

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/-

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

THE HON'BLE SRI JUSTICE M.LAXMAN

A.S.No.1028 of 1999

Dated: 09.11.2022

ESP/Gms