HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR Dated 26-4-2010 A.S.M.P.No.587 of 2010 & A.S.No.379 of 2004 Between: M/s. Sri Malleswari Tobaccos, rep. by its Proprietor, Bhavanasi Subbarao, T.S.Street, Beside State Bank of Hyderabad, Chilakaluripeta Town and another. …Appellants. And: State Bank of Hyderabad, represented by its Branch Manager, Chilakaluripeta Branch, Guntur District. …Respondent. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR A.S.M.P.No.587 of 2010 & A.S.No.379 of 2004 COMMON JUDGMENT: Heard both sides. The appeal in A.S.No.379 of 2004 is directed against the decree and judgment passed by the learned Principal Senior Civil Judge, Narasaraopet in O.S. No.121 of 2002 dated 24.9.2003. 2. The said suit was filed by the respondent-Bank for recovery of Rs.3,30,122-25ps due under the suit mortgage dated 1-2-1999 and 5-2-1999, together with interest at 18.36% p.a., at quarterly rests and for subsequent interest and costs. The said suit was decreed by passing preliminary decree dated 24-9-2003 against which, the appellants-defendants preferred the present appeal. Pending the said appeal by order dated 21.1.2004, this Court granted stay of all further proceedings pursuance of the decree. 3. The defendants/appellants have now filed an application in A.S.M.P.No.587 of 2010 supported by an affidavit on behalf of both the appellants that while no final decree is passed in the suit on account of pendency of appeal and the operation of the stay of all further proceedings, no final decree has been passed and in the meanwhile, the appellants have remitted the entire decretal amount to the respondent-Bank by taking Demand Draft which covers interest, costs as well as additional amount. According to the appellants they have deposited excess amount of Rs.1,00,000/- more than the decretal amount in O.S.No.121 of 2002. The present application is therefore filed seeking that the payment of entire amount covered by the decree under appeal be recorded by this Court and a direction be issued to the respondent-Bank that the suit debt is totally satisfied and the redemption be recorded. 4. Learned counsel for the respondent-Bank submitted that if the appellants have paid the entire decretal amount, nothing will survive for adjudication in the appeal and with reference to further claim of the appellants that they have deposited excess amount etc. is concerned and the appellants can always approach the trial Court. 5. In the facts and circumstances of the case, since the appellants have deposited the entire amount covered under the decree (inclusive of the alleged excess amount which the appellants claimed to have deposited), nothing further survives for adjudication in this appeal. Hence, appeal in A.S.No.379 of 2004 is therefore, dismissed. 6. So far as prayer for mortgaging redemption and full satisfaction is concerned, liberty is granted to the appellants to approach the trial Court for such a request inclusive of their request for refund of excess amount said to have been deposited by them. If the appellants approach the trial Court with appropriate application, the trial Court shall deal with the said application with reference to the suit claim and amount deposited by the appellants and adjudicate whether any excess amount is deposited by the appellants. If the Court below is satisfied that the appellants have remitted the entire decretal amount and if mortgage which required to be redeemed, the same shall be recorded and the original title documents of the appellants, will thereafter be returned to the appellants. 7. The appeal in A.S.No.379 of 2004 accordingly is dismissed and the application in A.S.M.P.No.587 of 2010 is ordered accordingly. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 26-4-2010. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR A.S.M.P.No.587 of 2010 & A.S.No.379 of 2004 Dated 26-4-2010