Y. BHASKAR RAO, J. :- This Letters Patent Appeal has been preferred by the appellant-Bank against the judgment of a learned single Judge of this Court in CCCA No.98 of 1990 dated 26-8-1987* Reported in (1987) 2 Andh LT 470

2. The facts of the case, briefly stated, are as follows: The appellant-Bank filed a suit, O.S. No.530 of 1973 on the file of the IV Additional

Judge, City Civil Court, Hyderabad for recovery of Rs.46,987-62 ps. and for interest at 11% per annum to the foot of a mortgage by deposit of title deeds, created by the defendants in favour of the appellant-Bank. The 1st defendant disputed the nature of the loan advanced to him and mainly raised the contention that the appellant-Bank has highhandedly seized his lorry bearing registration No. ADT 1520 which was hypothecated to the appellant-Bank and thus caused damage and loss to him and for that purpose he made a counter-claim for damages in the suit. The 1st defendant filed a suit earlier to the suit filed by the appellant-Bank in O.S. No.2449 of 1973 before the II Assistant Judge, City Civil Court, Hyderabad for a declaration that the seizure of the lorry is illegal and for an injunction restraining the appella