(Petition filed under Article 227 of the Constitution of India against the order dated 17.9.2004 and made in I.A.No.350/2003 in O.S.No.532/2000 on the file of the Sub Court, Karur.)

Defendants 4 & 5 in O.S.No.532/2000 on the file of the Sub Court, Karur are the revision petitioners.

2. Facts warranted for the disposal of the Civil Revision Petition:

(a) The first respondent in this revision petition as plaintiff filed a suit against the defendants, for recovery of a sum of Rs.1,37,911/- based upon a mortgage deed dated 28.3.1990 said to have been executed by the first defendant in favour of the bank, mortgaging the suit properties, for which respondents 2 & 3 stood as guarantor and that a portion of the property was purchased by the revision petitioners/defendants 4 & 5 and in this view, all are liable to pay the amount, in addition to the properties.

(b) The third defendant, by filing a written statement, opposed the claim, that the plaintiff bank at the first instance, has to proceed for the recovery of the mortgage loan only from the first defendant, then entitled to proceed as against 'B' Schedule properties and as such, the claim made against defendants 2 & 3 is not ma