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1997 Supreme(Mad) 649

S.S.SUBRAMANI
Thankamma and others – Appellant
Versus
Santhakumari Annua and another – Respondent


Advocates:
S.Ramamurthi, for Appellants. R. Vijayakumar, for Respondent No.1.

Judgment :

Respondents 5 to 9 in LA. No.311 of 1987 in O.S. No.40 of 1976, on the file of District Munsif’s Court at Padmanabhapuram, are the appellants before this Court.

2. Plaintiff, who is the first respondent herein, filed the suit O.S. No.40 of 1976, for redemption. The mortgage is dated 211. 1951. The nomenclature of the document is ‘Otti’ of the erstwhile Travancore area. Preliminary decree was passed on 17. 1977, and two months’ time was provided for deposit of the mortgage amount. As per the said preliminary decree, an amount of Rs.2,290.73 was to be deposited. The mortgagees were not satisfied with the quantum of mortgage money payable to them and, therefore, filed A.S. No.316 of 1977. There was no stay of proceedings. But, on 22. 1983, the appellate court modified the preliminary decree passed, and an additional amount of Rs.900 was directed to be deposited. To that extent, preliminary decree passed by the trial court was modified. Within three years, on 30.9.1985 the entire amount payable to the mortgages was deposited, and, LA. No.311 of 1987 was. filed on 2. 1987 to pass a final decree, and final decree was passed on 22. 1988. The mortgagee contended that the applicat














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