In this second appeal, appellants have challenged the order of the Civil Judge (Senior Division), Shimoga in RA. No. 88 of 1994 confirming the order of the Principal Munsiff, Shimoga in O.S. No. 315 of 1988.

2. The appellants are plaintiffs who filed a suit for redemption of mortgage and for possession of the suit schedule property and for future mesne profits. The Trial Court has dismissed the suit of the plaintiffs as time barred against which, appeal was preferred by the appellants before the Civil Judge (Senior Division), Shimoga. The Appellate Court while confirming the judgment and decree passed by the Munsiff, dismissed the appeal. Hence, this second appeal.

3. At the time of admission, the following substantial question of law was raised for consideration on 26-11-2001:

Whether the appellant-plaintiff filed the suit within the time as prescribed under Article 61(b) of the Limitation Act, 1963, when admittedly the mortgaged property has been sold by the mortgagee before it could be redeemed and in the said circumstance, whether the appellant could be barred from seeking possession of the property without redeeming the mortgage?

4. During arguments, appellants' Counsel ha