S.Shanthi v. Jeyapal
Case brief
What is this about?
The High Court disposed of a Civil Revision Petition under Section 115 CPC, allowing the withdrawing of deposited funds and directing the deletion of mortgage and sale deed entries following a decree in the underlying suit.
What did the court decide?
Permitted the first respondent to withdraw Rs. 2,96,200/-; directed deletion of mortgage and sale deed entries without insisting on the presence of the deceased second respondent.
What the court decided
C.R.P. (NPD).No.4151 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P. (NPD) No. 4151 of 2018
and
C.M.P.Nos. 22890 of 2018 & 16681 of 2019
S. Shanthi .... Petitioner
Vs
1. Jayapal
2. V.Babu
3. Sri Raj & Co (auctioner)
No.7, Sungurama Chetty,
Chennai – 600 001. .... Respondents
Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code to set aside the fair and decreetal order dated 26.11.2018 made in I.A.No.9899 of 2018 in O.S.No.8544 of 1994 on the file of the IV Assistant Judge, City Civil Court, Chennai.
For Petitioner : Mr.S.Buvaneswari For R1 : Mr.R.Karunagaran For R2 & R3 : No appearance
1/5
C.R.P. (NPD).No.4151 of 2018
Issues for consideration
2 issues framed by the court
Whether the first respondent should be permitted to withdraw the amount deposited by the petitioner to the credit of the suit after the sale deed was set aside.
Whether the Sub Registrar should delete the entries of the mortgage deed and sale deed without insisting on the presence of the deceased mortgagee.
Parties & counsel
- petitioner
C.R.P. (NPD).No.4151 of 2018
- petitioner
S. Shanthi
- respondent
Jayapal
- respondent
V.Babu
- respondent
Sri Raj & Co (auctioner)
Case details
As recorded by the court registry
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