ALLOKAM PEDDABBAYYA Vs. ALLAHABAD BANK

JUDGEMENT

(1.) These two second appeals are filed under Section 100 of the Civil Procedure Code and arise out of a single suit - O.S. No.96 of 1999 on the file of the learned Principal Junior Civil Judge, Guntur. Therefore, they are being disposed of by a common judgment.

(2.) S.A. No.1603 of 2004 is filed being aggrieved by the Judgment and Decree dated 2-7-2004 made in A.S.No.65 of 2002 on the file of the learned VIII Additional District Judge (FTC), Guntur, while S.A.No.1604 of 2004 is filed being aggrieved by the Judgment and Decree dated 2-7-2004 in A.S.No.168 of 2002 on the file of the learned VIII Additional District Judge (FTC), Guntur. In the said appeals filed by defendants 1 and 2, the Judgment and Decree in the above suit - O.S. No.96 of 1999 - decreeing the suit, were set aside and the appeals were allowed.

(3.) The appellants are the plaintiffs and the respondents are the defendants in the above suit, which was filed seeking a preliminary decree determining the amount payable by the appellant/plaintiffs to the 1st respondent/1st defendant (Allahabad Bank) and on deposit of the same to pass a final decree for redemption of the plaint schedule property and retransfer the same unencumbered and if necessary by ordering delivery of possession and granting all reliefs to the plaintiffs as contemplated under Order XXXIV Rule 7 of the Civil Procedure Code. The parties are hereinafter referred to as they were arrayed in the suit.