JOHN DAVID D SOUZA Vs. FRANCIS LOBO

JUDGEMENT

(1.) THE plaintiff in O.S. No. 103/ 2007 pending on the file of Civil Judge (Sr.Dn.), Karkala has filed this petition under Section 24 of the Civil Procedure Code.

(2.) THE case of petitioner is that he had borrowed certain sum of money from Francis Lobo 1st respondent herein, on security of the title deeds of his property. According to him, said loan transaction is completed by repaying entire amount and 1st respondent is refusing to execute discharge receipt of the same and return the original documents. THErefore, he has filed the aforesaid suit in O.S. No. 103/ 2007 for mandatory injunction against 1st respondent herein for executing registered discharge receipt, for return of documents of title of his property and for consequential reliefs in that behalf.

(3.) IT is his case that subsequently the 3rd defendant in second suit who is 3rd respondent in the present petition has become the managing director of said company and he has borrowed certain monies from 1st respondent herein and for recovery of the said money the 1st respondent herein has filed suit in O.S. No.119/2009.