RAJASUNDARAM Vs. C. THAYAMMA

JUDGEMENT

(1.) The second appeal arises out of the order passed in a final decree application in a suit for redemption of mortgage. The suit in O.S. No. 655 of 1981 was filed by G. Kochuraman Nadar and six others. During the pendency of the final decree proceedings, the said Kochuraman Nadar died and his legal heirs have been brought on record as Plaintiffs 8 to 12 on 07.02.2003.

(2.) The application in I.A. No. 220 of 1999 in O.A. No. 655 of 1981 was filed seeking for passing a final decree on the basis of the preliminary decree and the same was allowed on 24.06.2003. Aggrieved against the same, the respondent in the application/sole defendant in the suit filed an appeal in A.S. No. 75 of 2003 and the appeal was allowed on 28.03.2005 reversing the fair and decreetal order dated 24.06.2003 in I.A. No. 220 of 1999. Aggrieved against the same, the petitioners in the final decree application have come forward with the present second appeal.

(3.) According to the plaintiffs/appellants, in the suit for redemption, a preliminary decree was passed as early as on 16.08.1983. The trial Court directed the plaintiffs to deposit Rs. 750/- on or before 16.10.1983. Against the said order, the sole defendant in the suit filed an appeal in A.S. No. 133 of 1983 and the appeal was ultimately dismissed on 28.02.1992. Thereafter, the sole defendant preferred a second appeal before this Court in S.A. No. 912 of 1992 which was also dismissed on 12.04.1996. Thereafter, the plaintiffs have deposited the amount on 23.03.1999 and filed the application in I.A. Nos. 220 of 1999 seeking to pass a final decree in terms of the preliminary decree and it was allowed on 24.06.2003. Aggrieved by the same, the sole defendant filed A.S. No. 75 of 2003 before the first appellate Court and it was allowed on 28.03.2005. As against the same, the present second appeal has been filed by the plaintiffs in the suit.