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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
Rajendran – Appellant
Versus
Mannusamy Udaiyar (died) – Respondent
| Table of Content |
|---|
| 1. basics of mortgage law and procedure (Para 1 , 2 , 3) |
| 2. interpretation and implications of limitation in mortgage matters (Para 4 , 5) |
| 3. the ruling on the petition and direction for trial court actions (Para 6) |
O R D E R
Challenging the Order of the Execution Court rejecting the application filed to enforce the preliminary decree passed in a mortgage suit, the present Civil Revision Petition has been filed.
2. Since the Execution Court has returned the Execution Petition without numbering, no notice is required to be sent to the respondents. The respondents may agitate with regard to the limitation in the Execution Petition.
3. According to the petitioner, he had filed a suit in O.S.No.302 of 2008 for recovery of money along with interest on the basis of the mortgage deed executed by the defendant. In the said suit, a preliminary decree has been passed on 27.09.2012 with a direction to pay the mortgage money within a period of six months. That six months expires on 27.03.2013. Thereafter, it appears that an application has been filed on 27.08.2024 for passing of the final decree. The trial Court has returned the application on the ground that the final decree applica
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