K. S. Sudhakar vs P. Mahavir Mehta - 2023 Supreme(Mad) 421

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Mad) 421

S. M. SUBRAMANIAM
K. S. Sudhakar – Appellant
Versus
P. Mahavir Mehta – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. J.Dayana

ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal dated 15.09.2022 passed by the Learned III Additional District Judge, Coimbatore in I.A.No.1 of 2021 in O.S.No.632 of 2019.

The fair and decreetal order dated 15.09.2022 passed in I.A.No.1 of 2021 in O.S.No.632 of 2019 is under challenge in the present civil revision petition.

2. The revision petitioner instituted the Suit for redemption of mortgage and during the pendency of the Suit he filed an Interlocutory Application in I.A.No.1 of 2021 under Section 94(b) and Section 151 of Code of Civil Procedure directing the respondents to furnish security for an amount not less than Rs.15,00,000/-.

3. The Trial Court adjudicated the issues and made a finding that only after payment of mortgage money the respondent can hand over the possession of plaint schedule property to the petitioner. The Trial court found that admittedly the mortgage money has not been paid by the petitioner to the respondent and by taking into account that the mortgage period has expired he cannot claim any rent or compensation from the respondent for his use and occupation of the plaint s

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