THE HON'BLE SRI JUSTICE B.PRAKASH RAO And THE HON'BLE SRI JUSTICE R.KANTHA RAO A.S.NO.1750 OF 2001 JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) Heard both the sides. When this matter has come up on 31.05.2010, an application was filed by the subsequent purchaser in A.S.M.P.No.221 of 2010 and the same was ordered. This appeal is at the instance of the fourth defendant aggrieved by the judgment and decree dated 29.03.2001 in O.S.No.15 of 1998 on the file of the II Additional District Judge, Vijayawada, which was filed for recovery of Rs.9,80,650/- being the principal amount and the interest due from the defendants and for subsequent interest and costs under a chit transaction. In brief, the facts, which are necessary for disposal of this appeal, are that the suit was based on a chit transaction by the first defendant and also the guarantee executed by the other defendants. In pursuance of the said transaction, the suit schedule properties were given as mortgage. During the course of trial, the plaintiff had examined P.Ws.1 and 2 and marked Exs.A1 to A19 on their behalf, whereas on behalf of the defendants no evidence, either oral or documentary, has been adduced. On appreciation thereof, the Court below decreed the suit. Hence, the present appeal by the fourth defendant. During the course of arguments, it has been pointed out that the subsequent purchaser of the suit property, which was given as equitable mortgage, has already discharged the entire liability under the said decree and therefore, she wants to come on record. The same has been permitted. There is no dispute with regard to discharge of the entire liability. In view of the same, nothing survives in the appeal. Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs. In this appeal, the subsequent purchaser filed ASMP {SR} No.11065 of 2009 for return of certain documents marked as Exs.A8 to A14, filed by the principal debtor, which pertains to the title. We leave it open for the said purchaser to move appropriate application in the Court below for return of the said documents and the Court below shall consider the same in accordance with law. _________________ (B.PRAKASH RAO, J) ________________ (R.KANTHA RAO, J) 1st June 2010 RRB