V.BHAVANI SUBBAROYAN
K. Abhuthakir – Appellant
Versus
G. K. Thangavel – Respondent
ORDER :
The Civil Revision Petition has been filed under Article 227 of the Constitution of India praying for to set aside the fair and decreetal order dated 21.12.2020 made in I.A. No.2 of 2020 in O.S. No.175 of 2015 on the file of the IV Additional District and Sessions Court, Coimbatore.
2. The case of the petitioner is that the suit in O.S.No.175 of 2015 has been filed on the file of the District Judge, Coimbatore, by the plaintiff/petitioner herein for recovery of money based on the alleged mortgage. The mortgage deed was executed by the defendant/respondent herein in favour of the plaintiff/petitioner herein for borrowing the money. During the Trial, when the matter was posted for examination of the defendant side witness, the defendant/respondent herein has taken a specific stand that he did not borrow any money from the plaintiff/petitioner herein. One Eswari has borrowed money and she has given her title deed and the said title deed has been replaced by giving his title deed for which the plaintiff's brother i.e., Khader Hussain has given an undertaking by his own hand-writing in Rs.20/- stamp paper dated 30.12.2013. The said original was not given to the defendant/responden
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