(This Civil Revision Petition is filed under Section 115 of CPC, against the order dated: 13.10.2009 passed in Misc. Petition No. 13/2007 on the file of the Civil Judge (JR.DN), T. Narasipura, allowing the petition filed under sec. 83 of the transfer of property Act.) The unsuccessful respondent is invoking the revisional jurisdiction of this Court by questioning the correctness and legality of the order dated 13-10-2009 by the Civil Judge (Jr.Dn) T.Narasipura.

2. The facts in brief are as follows:

The respondent herein filed a petition under Section 83 of the Transfer of Property Act (for short, ‘the Act’) for the relief of issue of notice to the respondent and directing him to deliver vacant possession of the petition schedule property along with original mortgage deed with discharge shara after receipt of mortgage money of Rs.1,25,000/- deposited with the petition with Court costs.

3. Respondents are husband and wife and are absolute owners of the petition schedule property which is not in dispute. Under a usufructuary mortgage deed dated 7-2-2004 the respondents herein had mortgaged the same in favour of the petitioner for Rs.75,000/- and delivered the possession of