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2002 Supreme(SC) 660

BRIJESH KUMAR, D.P.MOHAPATRA
Narinder Singh – Appellant
Versus
Kishan Singh – Respondent


JUDGMENT

D.P. Mohapatra, J.-Leave granted in SLP (Civil) No. 3444 of 2000.

2. These appeals are inter-linked with each other. The result in the appeal arising from SLP (Civil) No. 3444 of 2000 depends on the decision in Civil Appeal No. 5845 of 1994. For the sake of convenience we will first deal with Civil Appeal No. 5845 of 1994.

3. This appeal filed by some of the judgment-debtors is directed against the judgment dated 20.7.1993 passed by the High Court of Punjab and Haryana dismissing the Revision Petition, C.R.No. 2092 of 1988 filed by the appellants and confirming the order of the Senior Subordinate Judge, Gurdaspur dated 6.8.1988. In the said order the objections filed by the appellants under Section 47 of the Code of Civil Procedure were dismissed and warrant of possession was ordered to be issued.

4. The predecessors in interest of respondent No. 1 filed suit No. 493/62 against Karam Singh and six others, in the Court of the learned Senior Subordinate Judge, Gurdaspur for redemption of land measuring 1906 kanals 19 marlas which were originally mortgaged for Rs. 10000/- by Sarbans Singh and his father Ishar Singh (deceased) by a registered mortgage deed dated 23.4.1925. The det































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