VINODA ALIAS JAYASHREE Vs. ANAND R ODEYANPUR

JUDGEMENT

(1.) The present appellants were defendant Nos.1 to 4 in the Court of the II Additional Civil Judge (Sr.Dn.) at Davangere (henceforth for brevity referred to as "the Trial Court") in O.S.No.287/2001 against whom the present respondent as a plaintiff had instituted the original suit for recovery of money.

(2.) It was the summary of the case of the plaintiff in the Trial Court that himself and one deceased Shekappa Ginivalada were well-acquainted with each other. Defendant No.1 is the wife of deceased Shekappa Ginivalada and defendant Nos.2 to 4 are the sons of defendant No.1 and the deceased Shekappa Ginivalada. The said deceased Shekappa Ginivalada had availed a hand loan of a sum of Rs.90,000/- from the plaintiff in between January 1995 to January 1996. Said Shekappa Ginivalada died on 6.8.2001 leaving behind the defendant Nos.1 to 4 (appellants herein) as his legal representatives. The defendant Nos.2 to 4 are the minors and are in care and custody of defendant No.1, who is their natural mother. The deceased Shekappa Ginivalada had availed the said hand loan of Rs.90,000/- from the plaintiff for the purpose of clearing the loans raised on machineries fixed on Khadi Gramodyoga wherein the defendants are at present earning. Though the borrower Shekappa Ginivalada had promised to return the loan amount on or before the end of December 1996, but he postponed the same for one or other reason even though demands were made by the plaintiff. At the persistence of the plaintiff for return of the loan amount, deceased Shekappa Ginivalada had issued a post-dated cheque bearing No.754509 dated 7.2001 drawn on K.C.C. Bank Limited, Dharwad at its Hangal Branch. After the due date, the plaintiff presented the cheque for encashment on 23.8.2001, but the same was dishonoured and returned with an endorsement "insufficient funds". Thus, the cheques issued by Shekappa Ginivalada towards discharge of his liability got returned. Said Shekappa Ginivalada died on 6.8.2001. Hence, the plaintiff was constrained to file suit against the defendants for recovery of money.

(3.) The plaintiff had claimed a sum of Rs.90,000/- towards loan amount and a sum of Rs.500/- towards notice charges together with interest @ 24% per annum. He had also sought for permanent injunction directing the defendant Nos.1 to 4 or any other person claiming under them from drawing the amount mentioned in the schedule from the L.I.C. of India, Gratuity, Family Benefit Fund, Insurance amount payable by KGID to restrain the defendant Nos.5 and 6 from disbursing the same.