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1989 Supreme(Kar) 248

M.RAMAKRISHNA RAO, M.RAMA JOIS
B. S. VISHWANATH – Appellant
Versus
CHANDIKABEN J. MEHTA – Respondent


Advocates:
SONA VAKKUND, T.RANGARAJAN

RAMA JOIS, J.

( 1 ) THIS appeal is presented by the appellant/defendant against an order for partial decree made by the Xth Additional City civil Judge, Bangalore in a suit filed by respondents 1 to 3.

( 2 ) THE facts of the case are these : the house property which is the subject matter, for a decree for redemption belonged to one Nanjamma. She had mortgaged the said property in favour of the appellant, by a Registered Mortgage deed dated 22-7-74. The period of mortgage was 10 years. The amount borrowed was rs. 21,500/ -. After the period of mortgage was over said Nanjamma filed O. S. No. 3189/87 seeking redemption of the mortgaged property. Thereafter, according to the respondents, she sold the property in their favour by registered sale deed dated 11-12-1987 and withdrew the suit. After purchasing the house property the respondents/plaintiffs filed the suit for redemption on 7-4-1988. On 1 st August, 1988, and they also deposited the mortgage money of Rs. 21,500. 00 in the Court. Though the defendant/appellant had been served with the notice in the suit, they did not appear before the Court in the circumstances, the appellant/defendant was placed exparte and on behalf of plainti













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