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1997 Supreme(AP) 1218

B.SUDERSHAN REDDY
SYNDICATE BANK, KURICHEDU, PRAKASHAM DISTRICT – Appellant
Versus
INDURI GURAVAREDDY – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) THE instant Civil Revision Petition is filed by the plaintiff/decree holder 45 against the Order dated 6-8-1993 dismissing the petition filed under order XXXIV Rule 5 of the Code of Civil Procedure. The petitioner herein having obtained the preliminary decree in O. S. No. 33/89 filed I. A. No. 1104/91 praying to pass final decree in terms of the preliminary decree and to direct to bring the petition schedule properties to sale for realisation of the decretal amount in the suit, in pursuance of the preliminary decree dated 16-1-1991.

( 2 ) THE petitioner herein filed O. S. No. 33/89 basing on a simple mortgage and the trial Court passed preliminary decree on 16-1-1991 by granting six months time to the respondents/defendants for redemption of mortgage property under the said decree. The respondents/defendants failed to pay any amount whatsoever to satisfy the decree. The petitioner left with no other alternative and in order to realise the decretal amount filed the application to pass final decree and to bring the mortgage property for sale and for realisation of the decretal amount.

( 3 ) THE second respondent alone filed a counter and respondent Nos. 4













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