IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 28.01.2025 DELIVERED ON : 29.04.2025 CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE P.DHANABAL O.S.A.No.151 of 2024 and C.M.P.Nos.18850 & 27104 of 2024

1.P.Abusa

2.M.A.Salim ... Appellants Vs.

E.Velu, Represented by his Power of Attorney, M.Vasanthamoorthy. ... Respondent Prayer : Original Side Appeal filed under Order XXXVI, Rule 11 of O.S Rules r/w Clause 15 of Letters Patent, to allow the appeal setting aside the judgment and decree, dated 11.03.2024 in C.S.No.469 of 2019 and dismissed the suit with costs of these defendants.

For Appellants : Mr.Perambulavil Radhakrishnan For Respondent : Mr.Saravana Rengan

JUDGMENT

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P.DHANABAL, J.

This original side appeal has been preferred as against the decree and judgment passed by the learned Single Judge of this Court in C.S.No.469 of 2019, wherein, the respondent herein has filed a suit as against the appellants herein for recovery of money based on the mortgage and the same was allowed by passing a preliminary decree. Aggrieved by the same, the present original side appeal has been preferred by the defendants in the original suit.

2.The case of the plainti