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2015 Supreme(Mad) 122

S.NAGAMUTHU
Dharani Ammal – Appellant
Versus
Arayee – Respondent


Advocates Appeared:
For the Appellants:S. Prabhakaran for K. Balakrishnan, Advocates.
For the Respondent:Hema Sampath, Senior Counsel for R. Meenal, Advocate.

JUDGMENT

S. NAGAMUTHU, J.

1. These second appeals have arisen out of a common judgment and the decrees passed by the learned Subordinate Judge, Chidambaram, in A.S. Nos. 12 and 13 of 2013 dismissing the appeals and confirming the decrees and common judgment of the learned District Munsif-cum-Judicial Magistrate, Portonovo, in O.S. Nos. 61 of 2009 and 10 of 2010. The appellant in S.A. No. 958 of 2014 is the defendant in O.S. No. 61 of 2009 and the respondent in the said second appeal is the defendant in the suit. The appellant in S.A. No. 958 of 2014 is the plaintiff in O.S. No. 10 of 2010 and the respondent is the defendant in the said suit. The plaintiff in O.S. No. 61 of 2009 and the defendant in O.S. No. 10 of 2010 are one and the same person namely, Mrs. Arayee. For the sake of convenience in this judgment, the parties shall be referred to in their respective name.

2. Admittedly, Mrs. Arayee [the respondent in both the appeals] is the owner of the suit property, which is one and the same in both the suits. According to Mrs. Dharani Ammal [the appellant in S.A. No. 958 of 2014], Mrs. Arayee had mortgaged the suit property under a registered mortgage deed dated 21.05.1992 to one Mr

























































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