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2018 Supreme(Bom) 879

SHALINI PHANSALKAR-JOSHI
Union of India – Appellant
Versus
Kanwar Vilas Nath – Respondent


Advocates Appeared:
For the Appellant : Mr. Anil C. Singh, Mr. S.R. Rajguru, Mr. Sandesh Patil, Mr. D.P. Singh, Ms. Geetika Gandhi and Mr. Amogh Singh
For the Respondent: Mr. Iqbal Chagla, Mr. Naval Agarwal, Mr. Ameet Hariani, Mr. Rishikesh Bidkar and Ms. Rajashree Ram, M/s. Hariani and Co.

JUDGMENT :

1. Heard Mr. Anil Singh, learned Additional Solicitor General for the Appellant-Union of India, and Mr. Iqbal Chagla, learned Senior Counsel for Respondent Nos.1 and 2.

2. This Appeal takes an exception to the 'Judgment and Decree' dated 29th November 2016 passed by District Judge-4, Kalyan in Regular Civil Appeal No. 9 of 2016, which was preferred against the 'Judgment and Decree' dated 30th April 2012 passed by the Civil Judge, Senior Division, Kalyan in Special Civil Suit No. 99 of 2006.

3. The said Suit was filed by Respondent Nos. 1 and 2 herein for the 'Decree of Redemption' in respect of the mortgaged properties and for directing the present Appellant to re-convey the said property in their favour, at their costs, by accepting the mortgage debt due and payable. Along with the 'Decree of Redemption' and possession of the suit properties, the ancillary relief’s were also claimed of taking of accounts, adjusting the amount earned out of the suit properties towards mortgaged debt etc.

4. The suit properties are, totally seven in number, situate at Ambernath, Kalyan, consisting of the land together with the tenements, dwelling houses and buildings standing thereon and they






































































































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