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2022 Supreme(Mad) 404

G.CHANDRASEKHARAN
M. Shanthi – Appellant
Versus
M. Poornima – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr.K.Bijai Sundar
For the Respondents: Mr.N.Manokaran for M/S.P.Krishnan

JUDGMENT :

This second appeal is filed challenging the judgment of II Additional District Judge, Vellore at Ranipet in A.S.No.46/2017 reversing the judgment of the trial Court in O.S.No.73/2015 on the file of Subordinate Judge, Arakkonam.

2. The respondents filed the suit claiming a sum of Rs.6,08,133/- with future interest on Rs.2 lakhs at the rate of 24% per annum from the date of suit till the date of preliminary decree and thereafter, at the rate of 6% per annum till the date of realisation on the basis of a mortgage, and on default to make payment, the sale of mortgaged property with liberty to proceed against the defendants under Order 34 Rule 6 for the deficiency, if any, and for costs.

3. The case of the respondents is that the first respondent is the wife and respondents 2 and 3 are the daughters of one R.Venkatesh Rao. The first appellant is the wife of late G.Mohan and other appellants are his children. For a full and valid consideration received from Venkatesh Rao, Mohan and first appellant jointly executed a registered mortgage deed on 23.11.2005 for Rs.2 lakhs. They promised to pay interest at 24% per annum. Mohan paid interest up to December' 2006. Thereafter, Mohan and

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