JUDGMENT :

(Prayer: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to set aside the Order dated 16.08.2017 passed in E.P.No.96 of 2017 in O.S.No.1038 of 2004 on the file of the Principal District Munsif, Cuddalore District allowing the petition in E.P.No.96 of 2017 in O.S.No.1038 of 2004 by allowing this Civil Revision Petition.)

This matter is taken up for hearing through Video-Conferencing.

1. The Civil Revision Petition is filed by the plaintiff in O.S.No.1038 of 2004, challenging an order made by the Executing Court in E.P.No.96 of 2017, directing the petitioner herein to execute a document of discharge of the mortgage as per the final decree passed in I.A.No.657 of 2015 in O.S.No.1038 of 2004.

2. The petitioner herein as plaintiff filed a suit for sale on the strength of an assigned mortgage. The original mortgage was dated 26.11.1990 executed by the respondent herein in favour of one Padaleeswaran. The petitioner herein got the mortgage assigned in his favour on 25.09.2002 under a registered instrument and sued upon the same. The said suit came to be decreed after contest on 09.10.2014. The defendant paid up the mortgage money and filed an appl