A.GOVINDARAJ Vs. M.KRISHNAMOORTHY

JUDGEMENT

(1.) This second appeal has been filed challenging the concurrent findings of the Courts below. The defendants 4 to 6 in the suit in O.S.No.47 of 2011 on the file of the Principal Subordinate Judge, Thanjavur are the appellants herein. The first respondent is the plaintiff in the suit and the remaining respondents are the other defendants in the said suit. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

(2.) The suit was filed for permanent injunction as well as for damages by the plaintiff against the defendants on the ground that the defendants, deliberately knowing fully well that the suit schedule property belongs to the plaintiff, had mortgaged the same to the ninth defendant bank claiming that the suit schedule property belongs to the defendants and not to the plaintiff.

(3.) As seen from the written statement filed by the defendants, they claimed that adjoining lands to the suit schedule property are owned by them and since they were owners of the said lands, they had mortgaged the suit schedule property along with other properties with the ninth defendant bank and availed financial facilities.