G BALAMANI AND ANOTHER Vs. PARIMI MANGA DEVI
LAWS(APH)-2019-4-15
HIGH COURT OF ANDHRA PRADESH
Decided on April 17,2019

G Balamani And Another Appellant
VERSUS
Parimi Manga Devi Respondents




JUDGEMENT

U Durga Prasad Rao, J. - (1.)Challenge in this Civil Revision Petition, at the instance of defendants, is to the docket order, dated 07.08.2018, in O.S.No.596 of 2013 passed by the learned I Additional Senior Civil Judge, Rajamahendravaram (for short, 'the trial Court'), partly allowing the objections of the petitioners against marking of the photostat copies of Sale Deeds and partly rejecting their contentions against marking of original memorandum of deposit of title deeds dated 14.12.2010 holding that the said memorandum can be marked in evidence after paying stamp duty and penally, if any.
(2.)The respondent/plaintiff filed O.S.No.596 of 2013 against the defendants alleging that they borrowed from her 5,00,000/- on different occasions and executed promissory notes and further, on 14.12.2010 first defendant agreed to mortgage her immovable property described in the plaint schedule by way of equitable mortgage by depositing two Sale Deeds with the plaintiff with an intent to create equitable mortgage over the plaint schedule property.
(3.)The plaintiff averred that the defendants deposited photostat copies of the title deeds on the pretext that the original Sale Deeds were misplaced. Later, the defendants failed to discharge the loan and, hence, the suit for passing preliminary decree directing the defendants to deposit Rs. 8,60,000/- and, on their failure to do so, for passing a final decree for sale of the mortgage hypotheca. The defendants contested the suit.
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