JUDGMENT :

VENUTHURUMALLI GOPALA KRISHNA RAO, J.

1. This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’] is filed by the Appellant/plaintiff challenging the Decree and Judgment, dated 11.03.2008, in O.S. No. 194 of 2006 passed by the learned X Additional District & Sessions Judge, (Fast Track Court), Visakhapatnam at Anakapalle [for short ‘the trial Court’]. The Respondents herein are the defendants in the said Suit.

2. The Plaintiff filed the above said suit for passing Preliminary Decree against the defendants directing them to pay a sum of Rs.18,14,560/- being the principle and compound interest due on a mortgage deed dated 03.05.1995 from the defendants.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No. 194 of 2006, are as under:

The first defendant is the father of defendants 2 and 3 and they all have jointly borrowed an amount of Rs.90,000/- from the plaintiff on 03.05.1995 in cash at Anakapalle for their business investment and all the defendants executed registered mortgage deed in favour of plaintiff on the same day agreeing to repay the same with in