LAWS(KAR)-2010-4-312

ELITE GROUP A REGISTERED PARTNERSHIP FIRM REP. BY ITS PARTNERS, SRI M. MOHAN REDDY PARTNER ELITE GROUP AND SRI N. JAGAN MOHAN REDDY PARTNER ELITE GROUP (ALL REP. BY THEIR POWER OF ATTORNEY HOLDER SRI M.N. KRISHNA S/O NARAYANA GOWDA) Vs. SRI M.K.

Decided On April 08, 2010
Elite Group A Registered Partnership Firm Rep. By Its Partners, Sri M. Mohan Reddy Partner Elite Group And Sri N. Jagan Mohan Reddy Partner Elite Group (All Rep. By Their Power Of Attorney Holder Sri M.N. Krishna S/O Narayana Gowda) Appellant
V/S
Sri M.K. Respondents

JUDGEMENT

(1.) THIS appeal is disposed of finally after hearing the learned Counsel for the parties.

(2.) THE appellants were the plaintiffs in the trial Court and they are aggrieved by I.A. Nos. 2 and 3 filed by them being rejected by the trial Court and I.A. No. 2 was filed to restrain the respondents/defendants from alienating or encumbering the suit schedule property and I.A. No. 3 was to permit the plaintiffs to take part in auction proceedings initiated by the respondents 5 and 6 namely State Bank of India.

(3.) ON the other hand, learned Counsel Shri B.J. Veerendra Kumar for the respondents 1 to 4 i.e., defendants in the trial Court contended that the suit claim itself was Eighty Four Lakhs and odd and suit property is worth more than Seven Crores and amount i.e., due to the bank in respect of loan advanced by the bank is about One Crore and Eleven Lakhs and therefore, when the defendants 1 to 4 dispute the claim of the plaintiffs and when according to the defendants they are only due in a sum of rupees Twenty Five Lakhs at the most to the plaintiffs, depositing the entire balance amount in the Court, therefore, may not be necessary.