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2000 Supreme(Kar) 152

G.C.BHARUKA, N.S.VEERABHADRAIAH
KORI GOWRAMMA – Appellant
Versus
VYSYA BANK LTD – Respondent


Advocates:
V.T.RAYA REDDY

BHARUKA, J.

( 1 ) THIS first appeal by the 3rd defendant is directed against the judgment and decree dated 3. 2. 1997 passed in O. S. No. 66/93 on the file of the Civil Judge, Hospet, decreeing the suit of the plaintiff/ 1st respondent for recovery of a sum of Rs. 2,19,287/- with interest at the rate of 17. 5% p. a. from the date of filing the suit till the date of realisation from defendants 1 and 2/respondents 2 and 3 jointly and severally.

( 2 ) THE rankings of the parties herein are referred to their respective rankings before the Trial Court.

( 3 ) THE suit was filed by the plaintiff-Vysya Bank Ltd for recovery of a sum of Rs. 2,19,287/- which has been decreed by the Trial court with interest at the rate of 17. 5% p. a. from the date of filing of the suit till the date of realisation from defendants 1 and 2 jointly and severally. The Trial Court had also directed the defendants 1 and 2 to pay the said decretal amount within a period of 6 months from the date of order and in cases of failure, plaintiff bank can apply for final decree proceedings for sale of mortgaged property bearing No. 83, 6th ward, Kampli Village, for realisation of the said amount.

( 4 ) SO far as defendant












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