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2023 Supreme(Mad) 767

R. VIJAYAKUMAR
Veeri Ummal – Appellant
Versus
Rajendran Babu – Respondent


Advocates appeared:
For the Petitioners:K.N. Thambi, Advocate. For the Respondent: R1 to R5, T. Selvakumaran, R9 to R 11, No Appearance.

JUDGMENT

(Prayer: Civil Revision Case is filed under Section 115 of C.P.C, to set aside the order and decreetal order dated 30.01.2012 on the file of the Principal District Munsif, Kuzhithurai made in I.A.No.153 of 2006 in O.S.No.419 of 1965.)

1. The defendants in a suit for redemption are the revision petitioners.

Factual Matrix

2. The ancestors of the respondents herein had filed O.S.No.419 of 1965 on the file of the Principal District Munsif Court, Kuzhithurai for the relief of redemption of mortgage and recovery of possession on payment of Rs.96.97. The said suit was decreed on 08.12.1982 and a preliminary decree was passed directing the plaintiffs therein to deposit the said sum of Rs.96.97 on or before 08.11.1982 or on any other date which is extended by the Court. The said decree was challenged by the defendants in A.S.No.68 of 1983 before the Sub Court, Kuzhithurai and the same was dismissed on 31.01.1984.

3. The defendants had filed S.A.No.1333 of 1984 before the High Court and the same was also dismissed on 02.02.2003.

4. The plaintiffs/decree holders in the redemption suit had filed I.A.No.153 of 2006 seeking to condone the delay in depositing the mortgage money. In the said a

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