MOTTAVILA SREEBHADRAKALI KSHETRAM COMMITTEE Vs. K.N.SUSEELAN

JUDGEMENT

(1.) THIS Second Appeal is brought from the judgment and decree in A.S. No.175 of 2012 of the Second Additional District Court, Thiruvananthapuram confirming the order dated 24.07.2012 on E.A. No.785 of 2011 in E.P. No.118 of 2000 in O.S. No.110 of 1958 of the First Additional Munsiff's Court, Thiruvananthapuram.

(2.) SEEKING redemption of mortgage over an item of land described as 1.25 acres in Sy. No.29A and bounded by paddy field on the west and other properties on other sides, the original decree holder filed O.S. No.110 of 1958 in the First Additional Munsiff's Court, Thiruvananthapuram. Seeking similar relief he filed O.S. No.117 of 1958 in the same court which concerned 1.20 acres in Sy. No.29B (concerning execution of that decree, there is no dispute and hence it is not necessary to refer to that in this proceeding). The decree holder was able to get a decree for redemption which was confirmed at various levels.

(3.) PURSUANT to the settlement, respondents 1 to 5 deposited Rs.10 lakhs which the 6th respondent (wife of the 3rd judgment debtor) has received, according to respondents 1 to 5 giving up all the claims she had made in E.A. No.537 of 2000 and accordingly, that application was dismissed as withdrawn.