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2013 Supreme(Mad) 3305

P.R.SHIVAKUMAR
Purasawakkam Permanent Benefit Fund Ltd. , rep. by its Administrative Director Chennai – Appellant
Versus
P. Shanmugam – Respondent


Advocate Appeared:
For the Appellant:M/s. Sridhar Associates, Advocates.
For the Respondents:G. Arul Prasad, Advocate.

Judgment :

1. The first defendant in the Original Suit is the appellant in the second appeal. Plaintiffs 1 to 3 in the original suit are the respondents in the second appeal. The appellant Purasawakkam Permanent Benefit Fund Ltd. is the mortgagor, with whom the suit property was mortgaged by the respondents 1 to 3/plaintiffs 1 to 3. Since mortgage debt was not discharged fully, the appellant/first defendant took steps for bringing the property by public auction engaging the 4th respondent/second defendant as auctioneer. Pursuant to the same, the respondents 1 to 3 herein/plaintiffs filed the suit O.S.No.2182/2003 for redemption of mortgage and for a permanent injunction restraining the appellant and the 4th respondent/second defendant from bringing the mortgaged property for auction.

2. The suit was resisted by the defendants based on the averments in the written statement filed by the appellant/first defendant, which was adopted by the 4th respondent/second defendant. At the conclusion of trial, the learned trial judge (XVIII Assistant Judge, City Civil Court, Chennai) dismissed the suit with cost by judgment and decree dated 09.03.2005. As against the same, the respondents 1 to 3













































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