JUDGMENT :

T.RAJA, J.

1. The first appellant in A.S.No.895 of 2010-Mr.Johrilal Chowdhary/Plaintiff filed a civil suit in O.S.No.22 of 2004 before the District Court, Cuddalore praying for a preliminary mortgage decree directing the respondent/Defendant Mr.D.Shankar Chettiar to pay or deposit into the Court the suit amount with subsequent interest and costs within the specified time to be fixed by the Court, failing which to pass a final decree to bring the mortgaged property detailed in the schedule for sale and apply the proceeds thereon for satisfaction of the decree amount. The Defendant Mr.D.Shankar Chettiar also filed a civil suit in O.S.No.120 of 2004 before the Additional District Munsif Court, Cuddalore praying for a mandatory injunction directing Mr.Johrilal Chowdhary and Mr.Suresh Chand, the first and second appellants in A.S.No.896 of 2010 to deliver the title deeds relating to the properties belonging to him morefully described in the schedule. Later on, both the civil suits were transferred to the file of the Additional District Court (Fast Tract Court No.2), Cuddalore and renumbered as O.S.Nos.19 and 18 of 2006 respectively and aggrieved by the common judgment and decre