Chitambaresh, J.
1.The impugned decree in O.S.No.1340/1995 reads as follows:
i. It is ordered that the defendants 1 and 2 do pay to the plaintiff the sum of Rs.3 lakhs with interest thereon at the rate of 6% per annum from 20.2.1995 to the date of realisation of the said sum and do also pay the costs of the suit.
ii.And it is further ordered and decreed that the amount payable by the defendants shall be first charge on plaint schedule item No.1.
AS580/2000 -: 2 :-
2.The following is the order passed in I.A.No.40 of 2004 for stay of execution of the decree in this appeal suit filed by the defendants:
"Heard the counsel for the petitioners and the respondent. After hearing both sides and taking into consideration the fact that the appellants argued an arguable case, we pass the following order. There will be a stay on condition that the petitioners deposit before the court below the decree amount within a period of three weeks. If the amount is not paid within three weeks, the stay granted will stand automatically cancelled."
3.The appellants in compliance with the above interim order have deposited a sum of Rs.4,20,832/- on 30.1.2004 in E.P.No.46/2002 which covers the entire decree amount with AS580/2000 -: 3 :- interest thereon upto the date of deposit. The appellants have also filed I.A.No.2989/2016 (of course without prejudice to their contentions) that the amounts so deposited can be withdrawn by the respondents. The legal heirs of the decree holder who are the respondents in this appeal suit are willing to withdraw the money in full satisfaction of the decree impugned. The respondents give up the claim for interest for the period subsequent to the deposit in view of the close relationship between the parties and we quite appreciate that gesture. The appeal suit is hence disposed of clarifying that full satisfaction can be entered as regards the decree impugned and that the documents of title can be released to the appellants therefore. The title deeds marked Exts.A3 and A4 in the court below shall be returned to the appellants since no charge subsists under Section 55(6)(b) of the Transfer of AS580/2000 -: 4 :- Property Act in the circumstances.
Sd/-
V.CHITAMBARESH, JUDGE Sd/-
SATHISH NINAN, JUDGE Sha/130717
- true copy -
PS to Judge