K.V. RATHNAM Vs. P.B. PRINCE ANDREW

JUDGEMENT

(1.) The Appellant/Defendant has preferred the present Original Side Appeal as against the Judgment and Decree, dated 04.01.2017 in C.S.No. 760 of 2013 passed by the Learned Single Judge.

(2.) Earlier, the Learned Single Judge, while passing the impugned Judgment in C.S.No. 760 of 2013, dated 04.01.2017 filed by the Respondents/Plaintiffs, at paragraph 27, had observed the following:

(3.) According to the Appellant/Defendant, he, being the owner of the property measuring an extent of 5005 sq. ft. at Neelankarai, obtained a loan from the State Bank of India, Main Branch, Chennai-600 001, by mortgaging the suit property and since he failed to repay the amount due to the aforestated Bank within the specified period, because of sudden fall in his business, the Bank took steps to bring the properties for auction. Only with a view to avoid public auction of the properties, the Appellant/Defendant had decided to sell the suit property at Neelankarai.