- (1.) The appeal arises out of an execution case following a decree for a principal sum of Rs.39.44 lakh together with interest at the rate of 6 per cent per annum being passed in appeal. In addition, the decree-holder respondent is entitled to costs as awarded by the trial court and left uninterfered with in the appeal from decree.
(2.) In course of execution, a further sum of Rs.90,400/- was expended. On the basis of the trial court's decree, as it merged in the appellate decree, together with the costs and expenses incurred for execution, the decree-holder is entitled to a sum of Rs.68,32,017/- as on date. A calculation chart has been prepared by the decree-holder and made over to the judgment-debtor appellant. There does not appear to be any mistake in the calculation and it is the undeniable position that the quantum due as on date is Rs.68,32,017/-.
(3.) Two plots of land were furnished as security by the appellant in terms of a previous appellate order. The initial contention of the appellant was that one of the plots was furnished as security and the other plot was indicated only for access to be given to the land-locked main plot from the highway. Such contention was repelled in course of the present appeal by an order of January 28, 2020 with the observation that both the plots had been offered as security.;