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2013 Supreme(Mad) 1609

M.VENUGOPAL
T. K. Sathiyanarayanan – Appellant
Versus
S. Jaganathan – Respondent


Advocates Appeared:
For the Petitioners:G. Jermiah, Advocate.
For the Respondent:K. Govi Ganesan, Advocate.

Judgment :-

The Petitioner/Defendant has filed C.R.P.PD.No.1278 of 2011 as against the Order dated 07.07.2010 in I.A.No.68 of 2010 in O.S.No.396 of 2003 passed by the Learned Additional Subordinate Judge, Chengalpattu.

The Petitioners/Defendants have filed C.R.P.PD.No.1279 of 2011 as against the Order dated 07.07.2010 in I.A.No.69 of 2010 in O.S.No.394 of 2003 passed by the Learned Additional Subordinate Judge, Chengalpattu.

2. The Learned Subordinate Judge, Chengalpattu, while passing the orders in I.A.No.68 of 2010 in O.S.No.396 of 2003 [filed by the Revision Petitioner/Defendant under Order 13 Rule 3 of Civil Procedure Code] on 07.07.2010, has, among other things, specifically observed that '... The relief claimed by the Respondent/Plaintiff is not for the mortgage suit. The Court fee paid is under as per Section 22 of The Tamil Nadu Court Fees and Suits Valuation Act, 1955. There is no relief asked for preliminary decree for sale of mortgaged property. The unregistered mortgage deed may be treated as agreement and the suit can be filed on the basis of the unregistered mortgage deed as a loan agreement. The decree claimed by the Plaintiff is for the personal decree against the













































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