JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.09.2006 passed by the High Court of Karnataka at Bangalore in RFA No. 274 of 2001, MFA No. 3934 of 2000 and CRP No. 3297 of 2000, the original plaintiff and the subsequent auction purchaser who purchased the property in question in the Court auction in execution proceedings, have preferred the present appeals.

2. The facts leading to the present appeals in nutshell are as under.

2.1 That, as per the case of the original plaintiff, the respondents herein-original defendants (hereinafter referred to as the ‘original defendants’) borrowed a sum of Rs. 1,00,000/- from the father of the appellant herein-original plaintiff (hereinafter referred to as the ‘original plaintiff’) in the year 1990 by way of a simple mortgage deed and then further Rs. 50,000/- by way of a promissory note in the year 1992. The deed of simple mortgage was executed on 11.07.1990. The mortgage deed was executed between the original defendants as Mortgager and one partnership firm namely C.H. Shantilal and Co. as Mortgagee. The original plaintiff is the son of Shri C.H. Shantilal who was one of the partners of t