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2024 Supreme(Mad) 506

V. SIVAGNANAM
T. V. Krishna Moorthy – Appellant
Versus
Kanakadhara Finance, Rep. By its Joint Managing Partner, N. Prabakaran, Namakkal – Respondent


Advocates Appeared:
For the Petitioners: S. Senthil.
For the Respondents: R. Vigneshwaran, Arun Karthik Mohan, Hari Shankar.

JUDGMENT :

(Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India to allow the Civil Revision Petition, by setting aside, the fair and decreetal order dated 30.08.2023, passed in I.A.No.14 of 2023 in C.O.S. No.21 of 2022, on the file of the Commercial Court, Namakkal/Principal District Court, Namakkal.)

1. Challenging the order of dismissal passed by the learned Principal District Judge, Commercial Court, Namakkal/Principal District Court, Namakkal in I.A.No.14 of 2023 in C.O.S.No.21 of 2022 dated 30.08.2023, the present Civil Revision has been filed.

2. The fact of the case is that the first respondent/plaintiff had filed the suit in C.O.S.No.21 of 2022 before the Commercial Court/Principal District Court, Namakkal against the revision petitioners/defendants 1 to 4 and the respondents 2 and 3/defendants 5 & 6 for a direction to the defendants 1 to 4 to pay the suit claim of Rs.1,65,90,669/- along with subsequent interest at the rate of 18% per annum till the date of realization and to create a charge on the suit B, C and D schedule properties till the suit claim is settled by the defendants 1 to 4 and to declare that the sale deed dated 24.03.2

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