K.VIJAYA SREE Vs. MADRAS PURASAWALKAM HINDU JANOPAKARA SASWATHA NIDHI THE PERMANENT GENERAL BENEFIT FUND LTD

JUDGEMENT

(1.) O.S.A.No.31 of 2025 challenges order dtd. 21/1/2025 passed in Application No. 233 of 2025 in C.S.No.721 of 1998. C.S.No.721 of 1998 was filed by three plaintiffs with the following prayers:-

(2.) Pending suit, Application No. 233 of 2025 came to be filed by The Madras Purasawalkam Hindu Janapokara Saswatha Nidhi/ the Permanent General Benefit Fund Limited ('Nidhi') seeking permission to sell various properties that had been mortgaged to the Nidhi and as described in the suit schedule, by way of public auction.

(3.) That application came to be allowed by way of the impugned order dtd. 21/1/2025, where the learned Judge notes that the Nidhi is the mortgage holder of the property and hence the money due to it would have to be recovered in a manner known to law. The Court also records that in the event of third parties who had entered into private contracts with individuals whose title is itself doubtful, such parties would have no say in respect of the sale of the property by the Court. Aggrieved, the present appeals have been filed.