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2023 Supreme(Online)(MAD) 2321

HIGH COURT OF MADRAS
Hon`ble Mr Justice N. SESHASAYEE
CHINNAPAIYAN – Appellant
Versus
KANDASAMY – Respondent


JUDGMENT

The petitioner in IP.No.11 of 2003 on the file of the Subordinate Court, Sankagiri is the appellant herein. The IP was allowed by the Trial Court Vide its Judgment dated 20.03.2007 and it gave raise to two CMA's, one in CMA.No.20 of 2007 and other in CMA.No.21 of 2007, both of which are respectively filed by the alleged debtor/first respondent herein and her two purchasers. Vide a common order dated 20.12.2013, both the CMA's were allowed. Aggrieved by the same, the petitioner has approached this

Court with these twin appeals.

2.1. The appellant herein has laid the aforesaid insolvency petition under Section 9 read with Section 6 of the Provincial Insolvency Act, alleging that the first respondent herein had borrowed Rs.50,000/- under Ext.P1, Promissory Note dated 21.08.2000, that she had sold the only immovable property she possessed to the respondents 2 and 3 herein on 07.04.2003

with an intend to defeat the right of the petitioner.

2.2. The contention of the first respondent was that she had created usufructuary mortgage as regards the only item of agricultural land that she owned with certain Ammasi. Ammasi is none other than first respondent's brother in law (husband of h

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