NAGARATHNAMMA Vs. M BANTAIAH

JUDGEMENT

(1.) PLAINTIFFS writ petition questioning the order dated 14.8.2008 passed by 3rd Additional Civil Judge (Sr.Dn.) in O.S.No.886/2005,

(2.) SUIT is one for recovery of Rs. 90,200/- with 18% interest p.a. from the date of suit till realization. Plaintiff alleges that, defendants I and 2 are the husband and wife and defendants 3 to 5 are the children. On 3.3.2004 defendants had borrowed a sum of Rs. 70,000/ by entering into the mortgage agreement by agreeing to mortgage (plaint produced along with Writ Petition shows only by mortgage). Defendants on the date of said transactions have handed over important document in favour of the plaintiff.

(3.) RELYING on the said judgment he further submitted that, Trial Court having referred to the said judgment, has erroneously ordered for payment of the stamp duty and submitted that, the order suffers from illegality and requires to be set aside.