M.S. Ramachandra Rao, J. - Heard Sri V.L.N.G.K.Murthy and Ms. Sindoora V.N.L., learned Counsel for the petitioner and Sri K.Sairama Murthy, learned counsel for the respondent No.1. The 2nd respondent appears to have expired but his presence is not necessary to decide the Revision Petition.

The Brief Facts:

2. This Revision Petition is filed under Section 115 CPC challenging the order dated 10-08-2-010 in E.P.No.21 of 2008 in O.S.No.12 of 1999 of the Senior Civil Judge, Nuzvid.

3. The petitioner herein is Judgment Debtor No.1.

4. The above suit had been filed by 1st respondent Bank against him and the 2nd respondent for recovery of a sum of Rs.95,092-78 ps being the principal and interest due on a mortgage bond dated 18-07-1986 executed by then in its favour for Rs.72,450/- payable with interest @ 16.5% per annum with half yearly rests with penal interest at 2% and costs.

5. Preliminary decree in the said suit was passed on 16-12-1994 by the Subordinate Judge, Nuzvid.

6. The preliminary decree declared that the amount due to the bank on the mortgage mentioned in the plaint calculated up to 16-02-1995 (the date of redemption) is a sum of Rs.72,450/- towards principal and Rs.74,806.7