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Supreme Court Upholds Puisne Mortgagee's Right to Sue Separately When First Mortgagee Paid Off Before Sale. Court Reduces Interest from Contractual 12% to 6% Simple Under Order 34 Rule 11 CPC, Emphasizing Discretion to Grant Reasonable Rate.

The dispute concerned a mortgagor's liability to a puisne mortgagee after the prior mortgage was satisfied without sale. The mortgagor had executed th...

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Madras High Court Allows Writ Petition Seeking Return of Original Sale Deed After Full Loan Repayment — Co-operative Society Directed to Release Title Documents Deposited as Security for Mortgage Loan.

The petitioner, J. Damotharan, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the responden...

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Bombay High Court Dismisses Second Appeal in Mortgage Recovery Suit — No Substantial Question of Law Arises. Transfer of Mortgage Rights Requires Proper Registration Under Section 17 of Registration Act, 1908.

The appellant, Milagres Sales Coutinho, filed a second appeal before the Bombay High Court at Goa challenging the judgment and order dated 22.06.2012 ...