Madras High CourtSA(MD)/344/2018disposed of

R.Sankaran, v. M.Marimuthu,

2021-11-24Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

SA(MD) No.344 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Monday, the Fourth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice KRISHNAN RAMASAMY SA(MD) No.344 of 2018

1. R.SANKARAN

2. PREMA

3. PREMKUMAR ... APPELLANTS/APPELLANTS/ DEFENDANTS 1 TO 3 Vs

1. M.MARIMUTHU

2. M.RAJESWARI

3. M.MUTHULAKSHMI ... RESPONDENTS 1TO3/RESPONDENTS 1TO3 /PLAINTIFFS 1 TO 3

4. VIJAYA ... 4th RESPONDENT/4th RESPONDENT/ 4th DEFENDANT Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to prefer this Memorandum of Grounds of S.A. As against the Judgment and Decree made in A.S.No.49/2015 dated 28.02.2018 on the file of the V Additional District Court, Madurai confirming the Judgment and Decree made in O.S.No.6 of 2010 dated 12.04.2013 on the file of the Principal Subordinate Court, Madurai.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.V.S.KISHOK KUMAR, Advocate for the petitioners and of MR.A.SARAVANAN, Advocate on behalf of the Respondents, the court made the following order:- The learned counsel appearing for the respective parties submitted that the judgment and decree of this Court dated 24.11.2021 has been duly complied with.

However, the learned counsel for the appellants/defendants submitted that the appellants have settled entire due to the respondents. The respondents 1 to 3 have to execute the document for discharging of the loan and the same has to be registered by the Sub Registrar, Alanganallur.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

SA(MD) No.344 of 2018 The learned counsel for the respondents submitted that already mortgage deed is filed and marked as Ex.A1 and the same is pending before the trial Court. In the event, if the parties are approached the Sub Registrar, Alanganallur, the Sub Registrar Alaganallur is directed to register the discharge receipt filed by the respondents 1 to 3.

Post the matter on 19.04.2022.

sd/- 04/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE V ADDITIONAL DISTRICT JUDGE, MADURAI.

2. THE PRINCIPAL SUBORDINATE JUDGE, MADURAI.

COPY TO :

THE SUB-REGISTRAR, ALANGANALLUR.

ORDER

IN SA(MD) No.344 of 2018 Date :04/04/2022 cp USK/VR/SAR-I/13.04.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2