JUDGMENT :

A.S. BOPANNA, J.

1. The appellant herein was the plaintiff in Regular Civil Suit No.237 of 1980 filed before the Civil Judge, Junior Division at Ahmedpur. The suit in question was filed seeking a judgment and decree for redemption of mortgage and recovery of the possession of the suit scheduled land. The land in question is situated in Survey No.2/A measuring 6 acres 2 guntas. The Civil Court by its judgment dated 20th September, 1984 accepted the contention of the plaintiff and decreed the suit whereby the redemption of the suit land was ordered treating the transaction to be a mortgage. The appellant herein, namely the defendant in the said suit claiming to be aggrieved by the said judgment was before the lower appellate court i.e. the Additional District Judge at Latur in Regular Civil Appeal No.233 of 1984. The Lower Appellate Court on reappreciation of the evidence on record and consideration of the legal position has through its judgment dated 29th June, 1990 allowed the appeal and set aside the judgment and decree of the Civil Court. Accordingly, the suit filed by the respondent herein was dismissed. The plaintiff/respondent herein therefore filed the Second Appeal