- (1.) All these three revision petitions are at the instance of the judgment debtors in three identical suits and are directed against the dismissal of the review petitions by the executing Court.
(2.) Since all three matters are similar it would be sufficient if facts in CRP No.250 of 2009 are noticed.
(3.) The original first respondent herein (now represented by his legal representatives - respondents 2 to 8) filed a suit for recovery of Rs.4,12,469/- with 24% interest per annum being OS No.876 of 1996 on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad. The said respondent herein had claimed that he had supplied handloom fabric to the petitioner herein and as per the invoice - Ex.A2, a sum of Rs.2,85,916/- remained outstanding. The present suit was, therefore, filed for recovery of the said amount together with interest at 24% per annum on the said amount of Rs.2,85,916/- upto the date of suit making the total suit claim to Rs.4,12,469/-. The said suit on contest was decreed by the trial Court for the said sum of Rs.4,12,469/- together with future interest at 18% per annum from 13.6.1996 (date of suit) till realization under judgment and decree dated 23.3.2001. The petitioner filed an appeal being CCCA No. 150 of 2001, which was dismissed by the Division Bench of this Court and the appellate Court did not interfere with the said judgment and decree except reducing the interest, which was allowed by the trial Court at 24% from date of contract till date of suit, to 18%. The operative portion of the judgment in the appeal of this Court is as follows: "24. Without going much deep into this aspect, having regard to the facts and circumstances of the case and also having regard to the commercial nature of transaction, we feel it just to fix the rate of interest at 18% all through i.e., from the date of contract till realization. With this modification in the rate of interest, the appeal is dismissed. No order as to costs.";