VENUGOPAL, R.BANUMATHI
Vijaya Ramakrishnan – Appellant
Versus
M. S. Aswath Narayana Shetty – Respondent
M. Venugopal, J.
1. Being aggrieved, the Appellant/Second Defendant has filed this Appeal as against the Judgment and decree dated 29.11.2005 in O.S. No.703 of 2004 on the file of the learned Additional District and Sessions Judge (Fast Track Court No.II), Coimbatore.
2. The First Respondent/Plaintiff has filed the Suit seeking the relief of directing the Second Respondent/First Defendant and the Appellant/Second Defendant to pay him jointly and severally a sum of Rs. 12,00,000/- along with interest at 24% per annum and in default of such payment to pass a Decree for the sale of the Mortgage property, etc.
3. On an appreciation of the oral and documentary evidence, the Trial Court has passed a Judgment directing the Appellant/Second Defendant and the Second Respondent/First Defendant to pay severally and jointly a sum of Rs.12 lakhs to the First Respondent/Plaintiff together with interest at 24% per annum from the date of filing of the Suit till the date of realisation, within a period of six months from the date of passing of the Decree i.e., on 29.11.2005 and further in case of default, directed the Mortgage property to be brought for sale in order to realize the Suit
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