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2022 Supreme(Mad) 837

SENTHILKUMAR RAMAMOORTHY
Arvind Bagrecha – Appellant
Versus
K. Mekala – Respondent


Advocate Appeared:
For the Appellant :K. Surendar, Assisted by Chenthoori Pugazhendhi, Advocates
For the Respondent:M/S. Sarvabhauman Associates Represented by R. Krishna Prasad, Advocate.

JUDGMENT :

(Prayer: The suit is filed under Order IV Rule 1 & Order XXXVII Rule 2 of Original Side Rules R/W Order VII Rule 1 and Order XXXIV Rules 4 & 5 of Code of Civil Procedure,1908 (a) praying to direct the defendants 1 to 3 to pay the plaintiff a sum of Rs.1,70,00,000/-(Rupees One Crore Seventy Lakhs only), along with a further interest calculated at the rate of 24% per annum on the principal sum of Rs.24,44,606/-(Rupees twenty four lakhs forty four thousand six hundred and six only) from the date of the plaint till the date of realization of the amount and also the costs of the suit on some day to be named by this Court and in default to sell the property described in the schedule hereunder and apply the proceeds (after defraying there out the expenses of the sale) in and towards the payment of the sum, interest and costs and if such proceeds are not sufficient for the payment in full of such amount, directing the defendants 1 to 3 to pay to the plaintiff the amount of the deficiency with interest therein at the rate of 24% per annum until realisation.)

1. In a mortgage suit, the plaintiff seeks a decree for a sum of Rs.1,70,00,000/- from the first, second and third defendants

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