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2023 Supreme(Mad) 3057

C. KUMARAPPAN
P. S. Periyasamy – Appellant
Versus
S. Saravanan – Respondent


Advocates:
For the Appellant :P. Rajagopalan, Advocate. For the Respondent:K. Suresh, Advocate.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of C.P.C, against the judgment and decree dated 24.10.2016 made in A.S.No.24 of 2014 on the file of the Additional Sub Court, Karur confirming the judgment and decree dated 08.09.2011 made in O.S.No.698 of 2008 on the file of the Additional District Munsif Court, Karur.)

1. The present Second Appeal has been filed by the appellant under Section 100 of C.P.C, against the judgment and decree dated 24.10.2016 made in A.S.No.24 of 2014 on the file of the Additional Sub Court, Karur confirming the judgment and decree dated 08.09.2011 made in O.S.No.698 of 2008 on the file of the Additional District Munsif Court, Karur.

2. The appellant herein is the plaintiff and the respondent herein is the defendant before the Court below.

3. For the sake of convenience, the parties will be referred to as per the litigative status before the trial Court.

4. The brief averments made in the plaint, are as follows: The plaintiff submits that he has purchased the suit property under a registered sale deed, dated 22.11.1995. After that, he mortgage the said property with the defendant by virtue of simple mortgage deed, dated 12.03.2007 in document No.44

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