HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO APPEAL SUIT No.3097 OF 1992 JUDGMENT: The appeal is filed against the Judgment in O.S.No.43 of 1981 on the file of the Principal Subordinate Judge, Vijayawada, where- under in a suit for enforcement of a mortgage debt, while passing the preliminary decree, the Court has permitted defendants 1 and 2 to discharge the decretal debt at the rate of Rs.3,000/- per month commencing from December, 1990 and payable by 10th of every month. The contention of the learned counsel for the appellant is that in a suit for enforcing a mortgage debt, when a preliminary decree is granted, the permission to pay the amount in instalments is not valid. The only course open is pass a preliminary decree and give time for redemption of the mortgage amount. Granting of instalments in a suit on mortgage after the passing of the preliminary decree is not therefore valid and cannot be taken into consideration. Accordingly the appeal is allowed setting aside the decree of the lower Court so far as it relates to the granting of the instalments and the suit of the plaintiff is decreed granting a preliminary decree as prayed for and time for redemption is six months and if any amounts have been paid in pursuance of the decree of the lower Court, they should be given credit during the final decree proceedings. Each party shall bear their own costs. ___________________________ N.R.L. NAGESWARA RAO, J Date:11.08.2011 INL