JUDGMENT -The original mortgagor-judgment-debtor, Sabastian DCruz, is the appellant here, being aggrived by the order of the Assistant Judge, Poona confirming the order of the darkhast Court in the darkhast filed by one Vardichand Ramchand & Co. who was the second mortgagee. The, appellant DCruz had mortgaged his house property to one Shripad Deodhar the first mortgagee. Respondents Nos. 1 to 4 are his heirs. The appellant subsequently executed the second mortgage in favour of one Vardichand, who is respondent No.5. The first mortgagee Deodhar filed Civil Suit No. 126 of 1954 against the appellant. The second mortgagee Vardichand was not made a party to the suit. The first mortgagee obtained a decree in his favour. The second mortgagee Vardichand also filed in that year another suit being Civil. Suit No. 357 of 1954 against the mortgagor. The second mortgagee did not make the first mortgagee a party to the suit. ,

S. A. No. 752 of 1969 decided on 1-2- 1972 (Bombay) against the decision of K.C. Surana, Assistant Judge at Poona, in appeal No, 805 of 1967, confirming the order passed by N. S. Manudhane, 3rd Joint Civil Judge, Junior Division at Poona, in Register Darkhast No.1757 of 1

Click Here to Read the rest of this document