UMEDRAJ JAIN Vs. V.SUDARSANAN

JUDGEMENT

(1.) This appeal is preferred by the appellant as against the order passed in Application No. 5398 of 2016 in C.S.No.1102 of 2007, by which the order passed by the learned Master was set aside by holding that the same is not in tune with the decree granted as against the original defendants.

(2.) The facts in brief are as under: A mortgage of deposit of title deeds was executed by the defendants in the suit in favour of the first respondent/plaintiff while receiving the loan. The suit was filed in C.S.No.1102 of 2007 as early as 10/12/2007 for recovery of money on the said mortgage by deposit of title deeds. Pending the suit, the defendants sold the property to the appellant, who had knowledge about the litigation. He filed an application seeking to implead himself which was dismissed. The said order has become final. Thereafter, a preliminary decree was passed in C.S.No.1102 of 2017 on 5/10/2010. The operative portion of the same is reproduced hereunder:-

(3.) In addition to the preliminary decree, a final decree was passed on 29/8/2011 while taking note of payment made in the interregnum. It is apposite to place on record the aforesaid decree:-