JOTHI Vs. K K P CREDITS P LTD

JUDGEMENT

(1.) INVEIGHING the order dated 17.08.2007, passed by the Additional District Court (Fast Track Court) Namakkal in I.A.No,21 of 2004 in O.S.No,26 of 2004, this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) A bare poring and perusal of the order of the lower Court would ex facie and prima facie reveal and display that the order of the lower Court is far from satisfactory. The relevant facts are that D1 and D2 borrowed money from the plaintiff, for which, D3 through his son D4, the Power of Attorney created an equitable mortgage by deposit of title deeds by way of securing the prompt repayment of the loan by D1 and D2 in favour of the plaintiff. It so happened that according to the plaintiff, D1 and D2 committed default.