THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY APPEAL SUIT No.1267 OF 1994 DATED:21-10-2010 JUDGMENT: This appeal is directed against the judgment and decree, dated 30-08-1994, in O.S.No.79 of 1990 on the file of the learned Subordinate Judge, Chittoor District, wherein the said suit filed by the respondent herein for specific performance of agreement of sale, dated 08-12-1989, and for recovery of possession, was decreed directing the defendant to execute a registered sale deed in favour of the plaintiff within one month, failing which, plaintiff would be entitled to obtain registered sale deed through process of Court. It was further directed that the plaintiff was entitled to receive the interest accrued on the amount deposited by the plaintiff in a sum of Rs.1,90,000/- towards balance sale consideration. It is also directed that the defendant shall pay the plaintiff a sum of Rs.5228/- towards costs of the suit. It is not disputed that subsequently the decree was amended enhancing the amount of costs to Rs.12,477.50/-. Aggrieved by the judgment and decree, defendant filed the present appeal. 2. Heard both sides. Perused the record. 3. It is stated that subsequently plaintiff obtained the sale deed, dated 16-02-1995, through process of Court and also obtained delivery of possession in pursuance thereof. It is not disputed that the decree passed by the trial Court for specific performance and delivery of possession therefore stands executed. By an interim order, dated 29-09-2005, this Court held that the respondent-plaintiff is entitled to receive the amount of Rs.12,477.50/- towards costs. It is not disputed that the respondent-plaintiff has withdrawn the said amount of costs also. Regarding the interest that has accrued over the deposited amount of Rs.1,90,000/-, it goes without saying that whoever is entitled for the principal amount and deposited amount would also be entitled for the interest that has accrued thereon. 4. In the above interim order, it was also directed that a sum of Rs.25,000/- from out of Rs.1,90,000/- was transferred to the credit of O.S.No.4 of 1983 and that the said suit was settled out of Court and the plaintiff in that suit was paid the entire amount and therefore the appellant herein is entitled to withdraw the said amount of Rs.25,000/- from O.S.No.4 of 1983. It is stated that the appellant has withdrawn the amounts he was entitled to from out of the balance sale consideration of Rs.1,90,000/- deposited by the respondent-plaintiff. The interest that has accrued over the said deposit also goes along with the principal amount and the appellant- defendant to be entitled for the same in proportion to the amount he has withdrawn as per his entitlement from out of the total deposit. In view of the subsequent events and developments, nothing more survives to be adjudicated in this appeal. 5. In the result, Appeal Suit is disposed of. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 21st October, 2010. Tsy