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2001 Supreme(AP) 1045

BILAL NAZKI, ELIPE DHARMA RAO
Radha Agencies – Appellant
Versus
Vijaya Bank – Respondent


BILAL NAZKI, J.

( 1 ) THE plaintiff filed a suit for a preliminary and final decree for sale of the plaint b schedule mortgaged property of the defendants 2, 6 and 7 and for recovery of Rs. 4,92,387. 50 ps. against the defendants. The Court passed a decree that the defendant shall pay a sum of Rs. 5,17,441. 10 ps with subsequent interest on Rs. 4,92,387. 50 ps @ 12% per annum from 19-1-1989, the date of the suit, till the date of realization. The Court also passed a decree that on such payment the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property and clear off the said mortgaged property from all encumbrances created by the plaintiff or any person claiming under him and deliver to the defendant peaceful possession of the said property. The Court also ordered that, in default of payment by the defendant the plaintiff may apply to the Court for a final decree for sale of the mortgaged property and on such application the property shall be directed to be sold and for this purpose the plaintiff shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged prop








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