ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.448 of 2015 on the file of the Judicial Magistrate -V, Coimbatore and quash the same.

2.The case of the petitioners herein is that they are the owner of the property on D.No.130-A, Samy Iyer New Street, Coimbatore -01. On

04.04.2014, the petitioners herein have entered into an usufructuary mortgaged with the respondent as per which a sum of Rs.2,75,000/- was received by the petitioners herein from the respondent. On the basis of the usufructuary mortgage, the de-facto complainant/respondent is residing in the premises along with his family members. While so, Tamil Nadu Mercantile Bank has filed a case against the petitioners for recovery of the mortgage loan amount payable by the petitioners. For the purpose of recovery of the loan amount, the Bank has filed a case before the Debts Recovery Tribunal and the Tribunal issued a notice to the respondent herein, who is residing in the property, as a tenant. According to the respondent, the petitioners, without disclosing the earlier mortgage with the Tamil Nadu Mercantile Bank, has entered into a Usufructuary mortgage with the respondent and received am