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2005 Supreme(Mad) 1235

R.BANUMATHI
Jayalakshmi Trading Co. – Appellant
Versus
Krishnamurthy & Others – Respondent


Advocates Appeared:For the Petitioner:S.V.Jayaraman, Senior Counsel for R.Gunasekaran. For the Respondents:T.N.Rajagopalan, K.V.Anantha Krishnan, Advocates.

Judgment :-

These revisions are preferred against the order dated 19.2.2001, made in I.A.Nos.16843 and 16486/2000 in O.S.No. 9054/1996, by the V Additional City Civil Court, Chennai, allowing the applications filed under Or.13, R.3 and 6 CPC r/w Sec.151 CPC, deleting Ex.A.14. Plaintiff – Jayalakshmi Trading Company is the Revision Petitioner.

2. C.S.No.1040/1992 – Original Side, High Court Madras.

Transferred to the City Civil Court, Chennai and renumbered as O.S.No.954/1996:-

The first Defendant is the absolute owner of the property bearing Door No.4, III Street, Balaji Nagar, Madras-14. The Defendants 1 and 3 approached the Plaintiff for financial loan for promoting multi-storeyed building in the above said property. The Defendants agreed to pay the interest regularly and they offered to pay the money back by constructing and selling flats to the prospective purchasers. Borrowing a sum of Rs.5,00,000/- the Defendants have executed Promissory Notes on various dates. In security for the loan, the Defendants have also executed a Memorandum of Agreement on 12.02.1990 in favour of Plaintiff and deposited the Title-Deeds creating equitable mortgage over the above said property. The Defend














































































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