SBCMA No.132/2009 RFC Vs. Kailash Chandra & Ors. 1 SBCMA No.132/2009 RFC Vs. Kailash Chandra & Ors. DATE OF ORDER : - 29.1.2009 HON'BLE MR. PRAKASH TATIA, J. Dr. Pratisha Dave, for the appellant. <><><> Heard learned counsel for the appellant. This appeal has been preferred by the Rajasthan State Financial Corporation against the order of the District Court, Bhilwara passed in case no.7/93 dated 21st July, 2003. The grievance of the appellant is that under Section 31(1)(a) and 31(1)(aa), the learned Civil Court has denied the interest amount on the ground that it will exceed the principal amount. Since in the main petition filed under Section 31(1)(a) and 31(1)(aa), the only relief seeking permission to sell the hypotheticated/mortgaged property was sought and wherein the court could have granted the permission to sell the mortgaged property, the order passed under Section 31 SBCMA No.132/2009 RFC Vs. Kailash Chandra & Ors. 2 of the State Financial Corporation Act is not the decree. In view of the above reason, the appellant's right to recover the amount by sale of hypotheticated/mortgaged property has been recognized by the trial court and relief has been granted to sell the property and recover the amount and adjust against their dues, therefore, I do not find any illegality in the order passed by the trial court to that extent. Rest of the order is of no consequence. In view of the above reason, the appeal of the appellant is disposed of. (PRAKASH TATIA), J. c.p.goyal/-