PATCHA SUBRAHMANYAM Vs. CHENNA KRISHNA RAO AND ORS.

JUDGEMENT

(1.) This appeal is directed against the decree and order dtd. 7/6/2016, passed in E.A.No.235 of 2016 in E.P.No.249 of 2014 in O.S.No.319 of 2011, by the Additional Senior Civil Judge, Eluru.

(2.) The facts, which are given raise to this appeal, are that one Thota Uma Maheswara Rao was the owner of 93 sq. Yards of land in Rs. No.1936/2002 of Satrampadu village, Vatluru Sub-Division, West Godavari District (hereinafter referred to as 'the schedule property'). Sri Chenna Krishna Rao, the 1st respondent in the appeal filed O.S.No.319 of 2011 before the Additional Senior Civil Judge, Eluru against Sri Thota Uma Maheswara Rao, who has since passed away and is now represented by respondents 3 to 5 in the present appeal, for recovery of money. The 1st respondent/herein had also filed I.A.No.154 of 2011 for obtaining attachment before judgment in respect of the schedule property and the same was allowed on 13/9/2011. Subsequently, the suit was decreed on 10/2/2012. Thereafter, E.P.No.249 of 2014 was filed by the 1st respondent herein for recovery of Rs. 7,11,734/- along with costs of Rs. 17,547/- and for sale of the schedule property for recovery of decretal amount and costs.

(3.) After the filing of the said E.P., the appellant herein filed E.A.No.235 of 2016 claiming that he was the owner of the suit schedule property. The claim of the appellant was that he had advanced a loan of Rs. 2,00,000/- to Sri Thota Uma Maheswara Rao, (the deceased 1st respondent herein) and Sri Thota Uma Maheswara Rao had created a mortgage over the schedule property by depositing title deeds on 11/10/2004. As Sri Thota Uma Maheswara Rao did not repay the loan taken by him, the appellant claims to have issued a legal notice dtd. 30/9/2011, despite which no payments were made. Thereupon, the appellant filed O.S.No.498 of 2011 on 24/10/2011 in the Court of Principal Senior Civil Judge, Eluru and the same was decreed by way of a preliminary decree dtd. 13/6/2012 decreeing the suit for Rs. 5,36,000/- with costs and subsequent interest at 6% per annum with principal amount of Rs. 2,00,000/- from the date of suit till the date of realisation and time for redemption of four months was granted.