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2024 Supreme(Mad) 446

G. ILANGOVAN
S. Ramuthai – Appellant
Versus
Tamil nadu Mercantle Bank, Rep. by its Authorized Officer, Madurai Main Branch, Madurai – Respondent


Advocates Appeared:
For the Petitioner: R. Aravindan.

JUDGMENT :

(Prayer : Civil Revision Petition has been filed under Article 227 of the Constitution of India, to set aside the Docket order, dated 11/10/2023 passed in Unnumbered OS – of 2023 on the file of the District Munsif Court, Madurai Town.)

1. This civil revision petition has been filed seeking to set aside the Docket order, dated 11/10/2023 passed in Unnumbered OS – of 2023 on the file of the District Munsif Court, Madurai Town.

2. The facts in brief:-

    The plaint was presented by the revision petitioner before the District Munsif Court, Madurai Town with the following averments:-

He purchased the property and availed loan from the first defendant by deposit of title deeds as security on 12/12/2022. He put up a wholesale shopping building. The defendant initiated proceedings to recovery proceedings to recover the arrears of loan amount. In the mortgage property, the house was shown as property. The property was sold to the second defendant, but the petition was filed by the first defendant before the Chief Judicial Magistrate in Cr.MP No.443 of 2022 under section 44 of the SARFAESI Act. As mentioned above, the superstructure and occupation of the other persons are not mentioned i

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