B ASAITHAMBI Vs. PRAVEEN CHORDIA

JUDGEMENT

(1.) The petitioners have filed this Civil Revision Petition to set aside the fair and decreetal order of the V Additional Judge, City Civil Court, Chennai, dated 05.07.2012 in C.M.P.No.1580 of 2010 in A.S.No.58 of 2009.

(2.) The case of the revision petitioners is that they are the appellants in the appeal suit in A.S.No.58 of 2009 on the file of the Vth Additional Judge, City Civil Court, Chennai. The said appeal suit came to be filed as against the judgment and decree made in O.S.No.3358 of 2007 on the file of the XII Assistant City Civil Judge, Chennai. The said suit was filed by the revision petitioners/appellants/plaintiffs for redemption of mortgage deed executed in respect of the suit schedule of property in favour of the respondents/defendants, dated 03.03.2005 in document No.1142/2005 on the file of S.R.O, Kodambakkam.

(3.) The said suit was decreed and preliminarily decree was passed by the learned trial judge by an order and decree dated 27.03.2008 by holding that the mortgage deed dated 03.03.2005 is liable to be redeemed on deposit of Rs.9,50,169/- and with interest at 6% per annum on Rs.5,25,000/- from the date of plaint till realization. Since the rate of interest at 6% per annum as arrived by the learned trial Judge was high, the revision petitioners filed the above appeal in A.S.No.58 of 2009 in so for as the awarding of 6% interest. In the mean time the respondents herein have also filed a cross appeal.