S.R. Bannurmath, J.

This appeal is filed by the unsuccessful plaintiff challenging the judgment and decree dated 21.4.2002 passed by the learned XVI Additional City Civil and Sessions Judge, Bangalore dismissing the suit in O.S. No. 2567 of 2000.

2. The facts necessary for consideration of the appeal are as follows:

The plaintiff /appellant has filed a suit in O.S. No. 2567 of 2000 praying for following reliefs:

(a) Declaring that the liability of the plaintiff as issued early by mortgage of the suit schedule property to as extinguished by operation of law;

(b) Consequential mandatory injunction directing the defendants to return the documents deposited as per the list dated 9.9.1995;

(c) Permanent Injunction restraining the defendants from proceeding against the suit schedule property as a property mortgaged to discharge the debt due from .M/s. Sriram Borewells, Tarikere.

(d) to award costs;

(e) grant such other reliefs as deemed just and necessary in the facts and circumstances of the case.”

3. As per the plaintiff, the dispute between the plaintiff and the defendants arose in the following manner:

M/s. Sriram Borewells, Tarikere, which was owned by one Mr. Muthu, applied for