L. NARASIMHA REDDY, J.

( 1 ) IN this appeal, the plaintiff in O. S. No. 59/82 challenged the Judgment and decree of the trial Court in so far as it has denied the relief of preliminary decree against the plaint schedule property on the strength of mortgage.

( 2 ) THE plaint was filed with the following averments :- the appellants are the wholesale merchants in textiles having their place of business at Vijayawada. They supply the goods to merchants in various parts of the state. The 1st respondent has been running a textile shop under the name and style of munaga Brothers at Cuddapah. He purchased goods from the appellants from time to time on credit basis and there remained certain outstanding dues payable to the appellants. The amounts due to the individual appellants from the 1st respondent were calculated during 1978-79 on various dates in the presence of the 1st defendant and he certified the correctness of the same. When the appellants insisted on the 1st respondent to pay the amounts, he came to Vijayawada on 10-6-1979 and created a mortgage in favour of the appellants covering the amounts due to them. He deposited the title deed dated 6-2-1963 in respect of the immovable pr

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