ORDER :

1. The Civil Revision Petition has been filed to set aside the fair and decreetal order, dated 19.07.2012, in I.A.No.239 of 2011 in O.S.No.172 of 1973 passed by the I Additional District Munsif Court, Kuzhithurai.

2. The brief facts of the case are as follows:

One K.Chellaiyan Nadar had entered into usufructury mortgage and handed over possession of his property to the mortgagees/defendants SamuelAsari and his brothers. Since the defendants committed acts of waste the mortgagor/ plaintiff filed O.S. No. 172 of 1973 on the file of the I Additional District Munsif Court, Kuzhithurai for redemption and recovery of possession and the Court had passed a preliminary decree dated 15.07.1976 directing the plaintiff to deposit the mortgage amount of Rs.50/- on or before 15.09.1976. Against the judgment and decree the mortgagees/defendants filed A.S.No.103 of 1997 on the file of the Sub Court, Kuzhithurai and the said appeal was dismissed on 10.08.1977. After dismissal of the appeal, the plaintiff K.Chellaiyan Nadar assigned the decree in favour of the revision petitioners by a registered deed of assignment registered at the office of the Sub Registrar, Kollankode on 08.11.1976. The pla