K.GOVINDARAJAN
Shanmugam and Others – Appellant
Versus
Syndicate Bank and Others – Respondent
The Order of the Court was as follows :
The first respondent filed a suit in O.S. No. 336 of 1981 on the file of the Sub-Court, Coimbatore for recovery of money from the respondent No. 2 and one Kanni Boyan and Nammal. The defendants 2 and 3 in the suit borrowed money from the first respondent-bank, and their mother Nallammal, the fourth defendant in the suit executed a mortgage deed with respect to the property in question in 1978 as security in favour of the said bank. The said Nallammal seems to have executed the settlement deed on 7-3-1980 in favour of the petitioners who are the sons of the second defendant. To enforce the said mortgage and recover the amount, the first respondent-bank filed the suit on 23-3-1981. Since there were some superstructures in the property settled in favour of the petitioners, the said Nallammal seems to have executed a release deed on 20-1-1982 with respect to those superstructures, and she died in 1982. Preliminary decree was passed on 5-2-1985 and final decree was also passed on 22-7-1986. Since the defendants 2 and 3 also died, the Execution Petition in E.P. No. 137 of 1988 was filed by the said bank against all other Legal Representa
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