Veeri Ummal VS Rajendran Babu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. K.N. Thambi, Advocate
For the Respondent Nos.1 to 5:Mr. T. Selvakumaran, Advocate
For the Respondent Nos.9 to 11: No Appearance

ORDER

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 application, the legal heirs of the plaintiff have contended that they were under the impression that the mortgage money was already deposited by way of lodgment schedule on 26.07.1966. However, the same could not be traced. At the time