SUBASH SAWHNEY Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) Admit. This appeal has been filed against the impugned order dated 4/12/2000 by the learned Single Judge in Ex. No. 92/2000 refusing the prayer of the appellants/JDs for release of the title deeds.

(2.) The suit had been filed by the respondent for recovery of Rs.13,61,359.57 paisa against the appellant under the provisions of Order 34 of the Code of Civil Procedure. Appellants No. 2 and 3 were stated to be the partners of appellant No.1 and the suit amount related to the grant of credit facilities by the respondent to the appellant. Statements were made by counsel on 10/05/1998 for passing a decree in terms thereof and judgement and decree 'was passed on 10/05/1988.

(3.) It is an admitted position that the decretal amount has been paid and the same was recorded in the order dated 4/12/2000 in the execution petition. The said amount has been directed to be released to respondent/decree-holder. In view of the fact that the decree had been satisfied, the appellant made a prayer for the release of the title deed lying with the respondent/decree-holder. It appears that this was opposed by the counsel for the respondent on the ground that an appeal was pending before the Division Bench of this Court with regard to the rate of interest claimed by the respondent. On this ground the learned Single Judge has declined the prayer of the appellant for release of the title deeds.