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2010 Supreme(Mad) 3312

R.SUBBIAH
S. Ravikumar & Others – Appellant
Versus
R. M. Manivasagam & Others – Respondent


Advocates appeared:
For the Appellants:Mounaswaminathan, Advocate.
For the Respondents:R2& R3 - G. Rajagopal, Senior Counsel for P. Thiyagarajan, Advocate, R1 -P. Muthukrishnan M.N. Balakrishnan, Advocates.

Judgment :-

1. As all the matters arise out of the miscellaneous orders passed in a suit i.e. E.A.Nos.3 and 10 of 2006 filed in E.P.No.61 of 2005 and also the attachment order passed in E.P.No.61 of 2005 in O.S.No.225 of 2003 on the file of Additional District and Sessions Court (Fast Track Court No.III), Coimbatore, it is convenient to deal with them together.

2. The facts, which are necessary to decide the issue involved in all the matters, are as follows:

(a) The 1st respondent in C.M.A.No.3184 of 2008 and the sole respondent in both the revision petitions is one and the same person, by name, Manivasakam, who filed a civil suit in O.S.No.225 of 2003 as against the defendants, by name, Shanmugam and Baggyalakshmi, who are the revision petitioners, for recovery of a sum of Rs.10,84,200/-with interest stating that the defendants borrowed a sum of Rs.6.50 lakhs from him by executing a promissory note and also handed over the original sale deeds dated 10.09.1987 and 110. 1988 in respect of the suit properties, by creating equitable mortgage for the due repayment of the amount under the promissory note and that thereafter, failed to pay any amount and hence, the plaintiff filed the s
































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