Madras High CourtSA(MD)/124/2010dismissed

S.S.Sriram @ Pranash v. S.Mumtaj Begum

2022-03-11Honourable Mr Justice G.R.Swaminathan2 pages

S.A.(MD)No.124 of 2010 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.A.(MD)No.124 of 2010 & MP(MD).1 of 2010 S.Sriram @ Pranash ... Appellant / 6th Defendant / Appellant -Vs1.S.Mumtaj Begum 2.Saibunnisha 3.Rasu Thevar 4.Gandhi 5.Raveendiran 6.Thiruppathi 7.Nilober Nisha 8.Sultan Syed Ibrahim 9.Minor Sugapriya 10.Minor Amirtharaj ... Respondents/Defendants 1, 2,4,5 & 7 to 10/ Respondents 3 to 10 (R9 & R10 represented by court guardian Mr.P.Rajamohan) PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 22.06.2009 made in A.S.No.58 of 2008 on the file of the Sub Court, Theni by confirming the judgment and decree dated 30.12.2005 made in O.S.No.48 of 1999 on the file of the District Munsif Court cum Judicial Magistrate, Bodinayakanoor.

For Appellant : Mr.S.Kadarkarai For R1, R2 & R7 : Mr.A.Arumugam For R3, R4, R5 & R8 : given up For R6 : no appearance https://hcservices.ecourts.gov.in/hcservices/ 1/2

S.A.(MD)No.124 of 2010

JUDGMENT

The sixth defendant in O.S.No.48 of 1999 on the file of the District Munsif Court, Bodinayakanoor is the appellant in this second appeal.

2. The suit is for redemption of mortgage. There is no dispute that the usufructuary mortgage was executed on 14.03.1964. The period of redemption was fixed therein. The five years period expired on 13.03.1969 and right to redeem commenced on 14.03.1969. As per Section 12(1) of the Limitation Act, 1963, in computing the period of limitation for any suit, the date from which such period is to be reckoned shall be excluded. Therefore, 30 years period would expire only on 13.03.1999. 13.03.1999 turned out to be a holiday. Filing of the suit on 15.03.1999 must be held to be in time. Therefore, the courts below rightly held that the suit for redemption is in time. No substantial question of law arises for consideration. The second appeal is dismissed. No cost. Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi To 1.The Sub Court, Theni.

2.The District Munsif Court cum Judicial Magistrate, Bodinayakanoor.

Copy To The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.(2 copies) +1 CC to M/s.S.KADARKARAI, Advocate ( SR-11751[F] dated 14/03/2022 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-12051[F] dated 15/03/2022 ) Judgment made in S.A.(MD)No.124 of 2010 11.03.2022 ss(CO) TR(13.04.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2