JUDGMENT :

C.V. Karthikeyan, J.

1. This Application has been filed by a Third party to the Suit under Order 38, Rule 6(2) of the Code of Civil Procedure, 1908 seeking to raise the Order of Attachment, in A. No. 9876 of 2019 in C.S. No. 799 of 2019, dated 19.2.2020.

2. In the Affidavit filed in support of the said application, the Applicant, M/s. Indostar Capital Finance Limited had stated that the Defendants had approached them seeking Loan on 23.8.2017 and offered as Security properties situated at Thiruvanmiyur. They sought a Loan for a sum of Rs. 2,60,00,000. The 1st Defendant stood as Guarantor for the Loan. The 1st Defendant was also the Owner of the property. The Loan was sanctioned by Letter, dated 23.8.2017. The sanction was also accepted by the Defendants. The Defendants agreed to repay the amount with Interest. They also agreed to deposit the Title Deeds and an Equitable Mortgage was created and registered under Document No. 6521 of 2017 on the file of the Sub-Registrar Office, Neelankarai. The Title Deeds were also deposited. The Mortgage was executed in the year 2017 much prior to the institution of the present Suit.

3. The Defendants did not repay the Loan. The account had