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2016 Supreme(Mad) 71

M.DURAISWAMY
S. Bangaru Chetty – Appellant
Versus
Kanagadhara Finance Shevapet, Salem – Respondent


Advocates:
Advocate Appeared:
For Appellant: Mr. A. Kandasamy for Mr. R. Singaravelan.
For Respondent: Mr. T.S. Vijayaraghavan.

JUDGMENT :

M. DURAISWAMY, J.

1. The above appeal arises against the judgment and decree passed in O.S. No. 99 of 2002 on the file of the Additional District Judge, Fast Track Court No. I, Salem originally numbered as O.S. No. 387 of 1996 on the file of the Subordinate Court, Salem).

2. The 1st defendant is the appellant, the 1st respondent was the plaintiff and the respondents 2 & 3 were the defendants 2 & 3.

3. The plaintiff filed the suit in O.S. No. 99 of 2002 to pass a preliminary decree for a sum of Rs. 11,12,666.65 with future interest at 15% per annum, further directing that in default of the defendants paying the said amount, the plaintiff shall be entitled to apply a final decree directing that the mortgage property be sold and the proceeds of sale be paid into Court.

4. According to the plaintiff, the 1st defendant borrowed a sum of Rs. 3,00,000/- under Ex.A2 demand promissory note dated 07.07.1983 and a sum of Rs. 1,00,000/- under Ex.A3 pronote dated 20.08.1984. Further, it is the case of the plaintiff that under Ex.A4 document dated 21.08.1984, the defendants deposited the Title Deeds of the property belonging to the 2nd defendant. It is the case of the plaintiff that Exs.














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