POONAM MISHRA Vs. VEENA MISHRA

JUDGEMENT

(1.) This appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dtd. 25/2/2017 passed by Second Additional Additional District Judge, Raipur (CG) in Civil Suit No. 73-B/2011 wherein the said court decreed the suit filed by Subhash Chandra Mishra whose legal representatives are respondents No. 1 to 3 in the present appeal and against the present appellants who are legal representatives of Shashank Mishra to the tune of Rs.3,00,000.00.

(2.) Shashank Mishra applied and obtained vehicular loan from the State Bank of India for purchase of Truck chassis and in the said transaction his father late B.M.D. Mishra stood as guarantor and also created an equitable mortgage of his residential house namely Saket located at Chhotapara, Raipur. Shashank Mishra failed to repay the said loan leading to initiating recovery proceedings against him and the guarantor. Suit was decreed and during execution proceeding the original borrower namely Shashank Mishra did not satisfy the decree but the decree was satisfied by Subhash Mishra. After satisfying the decree he filed the suit against the successors of Shashank Mishra who are appellants in the present appeal. After hearing both sides, the trial Court decreed the suit against the present appellants that is why this appeal is preferred.

(3.) Learned counsel for the appellants would submit as under: