Sc judgment
dheepak srinivasa
(Querist) 24 January 2013
This query is : Resolved
Dear Sir,
I filed a original suit for recovery of money in the sessions court which was dismissed by the judge. But earlier I had also filed an IA for attachment of property which was dismissed and than I appealed in the HC which gave" since some of the valuable property documents have been deposited with the petitoner by the respondent as security through deposit of title deeds there exists no need to order on ABJ"
not satisfied with this I appealed in the supreme court through SLP insisting on further security through ABJ.. but unfortunately my main O.S got dismissed before the SLP hearing.
I informed the SC on this but the SC asked me to argue my case and perused the docs and made this order
O R D E R
Delay condoned.
Permission to appear and argue in person is allowed.
Heard petitioner who appeared in person and perused the
relevant material.
We are not inclined to interfere with the impugned order of
the High Court. The special leave petition is dismissed. However, it
is represented by the petitioner who appeared in person that against
the decision of the Trial Court, he has already filed appeal before
the High Court. If the above statement is correct, he is free to
pursue his remedy before the High Court.
does the above order mean that MORTGAGE by deposit of title deeds exists? as SC has passed this order only after the trial court dismissal of the main suit. Is there any other benefit for this order which I can use in appeal?
Raj Kumar Makkad
(Expert) 24 January 2013
You cannot derive the meaning you told in your query. SC is silent over any of ht e matters involved in the litigation. You can file apeal only and this right of you has only been confirmed.
M V Gupta
(Expert) 24 January 2013
I agree with Mr. Makkad's observation. SC order was in respect of your IA for ABJ which was not granted by the lower court. It does not have any bearing on the mortgage. However if the Dt Court passed any order on the validity of the mortgage, you should challenge it by an appeal in the HC. SC specifically mentioned that if u have already filed an appeal in the HC you are at liberty to pursue the same.
R.K Nanda
(Expert) 24 January 2013
u can pursue ur appeal in HC on merits.
