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1957 Supreme(Bom) 112

J.R.MUDHOLKAR, G.B.BADKAS
Raddulal Bhurmal and others – Appellant
Versus
Mahabirprasad Bisesar Kalwar and others, Defendants, – Respondent


JUDGMENT - MUDHOLKAR J.:

This is a plaintiffs appeal from a final decree dismissing their suit for foreclosure.

(2) The relevant facts are as follows: One Ghasilal had obtained a mortgage of the property in suit from the defendant no. 1 Mahabir Prasad, who is now dead, and is represented before us by his legal representatives, respondents l(a) to l(f). Ghasilal was indebted to the plaintiffs and therefore he transferred his mortgagee rights in their favour. The plaintiffs thereupon instituted a suit in the Tear 1941 in the Court of the Sub-Judge First Class, Bhandara, for enforcement of their mortgage. The claim of the plaintiffs was decreed in full and a preliminary decree for Rs. 11396/8/-inclusive of costs was passed in their favour. The time for redemption expired on 12th February 1943, whereupon the plaintiffs made an application for passing a final decree) for foreclosure. Along with the application for making the decree final, an application was made by Jagdish Prasad, one of the original plaintiffs, stating that the original plaintiffs 1, 6, 9, 11 and 13 had died and that therefore their legal representatives should be brought on record. We are only concerned here with the pl














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