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Madras High CourtA/2432/2019allowed

A.Meerabai And 3 Others v. A.Gopalakrishnan

2020-02-21Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

A.Nos.2432 & 2433 of 2019 in SENTHILKUMAR RAMAMOORTHY, J.

These applications are filed to direct the first Respondent to clear the subsisting charge on the suit property and to direct the second Respondent to deposit the title documents relating to the suit property into Court.

2. I heard the learned counsel for the Applicant, the learned counsel for the first Respondent and the learned counsel for the Second Respondent.

3. The second Respondent filed a counter affidavit dated 20.02.2020 wherein it is stated that the first Plaintiff approached the second Respondent Bank and repaid the outstanding dues of Rs.2,84,876/- on 13.12.2019. It is further stated therein that the second Respondent Bank has received the entire outstanding in respect of the loan amount.

4. In view of the fact that the Bank has confirmed the receipt of the entire amount outstanding towards the loan, it is just and necessary that the original documents that were submitted to the Bank should be directed to be deposited in Court. The learned counsel for the first Respondent also has no 1/3

objection to this course of action. Accordingly, Application No.2433 of 2019 is allowed and the second Respondent is directed to deposit the title documents relating to the suit property in Court. Such deposit shall be done within two weeks from the date of receipt of a copy of this order.

5. In view of the above direction, nothing survives for further adjudication in Application No.2432 of 2019.

21.02.2020 rrg 2/3

SENTHILKUMAR RAMAMOORTHY J.

rrg A.Nos.2432 & 2433 of 2019 in 21.02.2020 3/3