SHRIRAM CHITS PVT LTD Vs. KANNRI VRNKATA NARAYANA

JUDGEMENT

(1.) Heard Sri K. Maheswara Rao, learned Counsel appearing for the appellant and Sri Madhava Rao Ambadipudi, learned Counsel appearing for the respondents and at their request, the main appeal itself is taken up for disposal.

(2.) The appellant is the plaintiff, who aggrieved by the judgment dated 14.3.2006 in O.S. No.3 of 2003 on the file of the Court of VII Additional District Judge (Fast Track Court) Krishna at Vijayawada, filed this appeal under Order XLIII Rule 1 of the Code of Civil Procedure.

(3.) The relevant facts that require for the purpose of deciding this appeal are that the appellant/plaintiff had filed the main suit against the respondents 1 to 4/defendants 1 to 4 for recovery of a sum of Rs. 11,01,540/- (Rupees eleven lakhs one thousand five hundred and forty only) towards the suit mortgage debt and accordingly pass a preliminary decree and in default of payment, grant a final decree by way of sale of the mortgaged property shown in the plaint schedule and further in the event the sale proceeds are not found sufficient to discharge the entire decreetal amount, the plaintiff is entitled to recover the balance amount along with interest from the defendants personally and other reliefs.