MULLA MABU Vs. M LAKSHMI DEVI

JUDGEMENT

(1.) These two Civil Revision Petitions are filed under Sec.115 of C.P.C. and they are between the same parties and subject matter is connected to one another and therefore they can be disposed of by this common order.

(2.) The revision petitioner was the defendant in O.S.99 of 2015 and is respondent in E.P.34 of 2017.

(3.) Alleging that the revision petitioner borrowed Rs.2,50,000.00 from one M.Gopal of Dharmavaram and that he had executed a registered simple mortgage deed keeping immovable property as security, the suit in O.S.99 of 2015 was filed by the legal representatives of the creditor/mortgagee/ Sri M.Gopal stating that the mortgagee died. The defendant contested the suit and finally learned Senior Civil Judge, Dharmavaram found truth in the case of plaintiffs therein and granted the relief and ordered for drawing up preliminary decree, by giving opportunity to the defendant therein to pay Rs.3,95,000.00 with interest to plaintiffs therein within a span of three months failing which the plaintiff were given liberty to seek for final decree and sale of mortgaged property towards the realization of the decretal amount. It is not known when the final decree was passed. During the subsequent periods those plaintiffs filed E.P.34 of 2017 under Order XXI Rule 64 and 66 C.P.C. for sale of the mortgaged property which is shown in the E.P.Schedule.