P.Srinivasan v. B.Selvi

CMP.No.13344 of 2019 CMP.No.13344 of 2019 in OSA.No.340 of 2008 M.SATHYANARAYANAN, J., and N.SESHASAYEE, J., [Order of the Court was made by M.SATHYANARAYANAN, J.,] Heard the learned counsel appearing for the petitioner. Perused the affidavit filed in support of this petition as well the original decree and judgment passed in the appeal.

2. The judgment passed in the appeal is a conditional one and it is not clear from the affidavit filed in support of this petition whether the first defendant has discharged the existing mortgage or not.

3. The learned counsel appearing for the petitioner would submit that the description of the property is not mentioned in the decree of the appeal.

4. In the considered opinion of the Court, in a decree of this nature, the schedule of the property has to be necessarily appended and accordingly, the Registry is directed to include the schedule of the property in the original as well as in the appeal decree and this amendment may be carried out within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this petition is closed.

[M.S.N.J.,] [N.S.S.J.,] 19.09.2019 ds Note : Communicate a copy of this order to the Registrar (Judicial).

http://www.judis.nic.in 1/1