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2025 Supreme(Pat) 458

KHATIM REZA
Sanjay Kumar Pandey @ Abhinu Kumar Pandey – Appellant
Versus
Rajdeo Yadav – Respondent


Advocates Appeared:
For the Appellant : M/s Jitendra Kishore Verma, Lal Babu Singh, Anjani Kumar, Ravi Raj, Abhay Nath, Shreyash Goyal, Abhishek Kumar Srivastava, Kumari Shreya.
For the Respondents: M/s J.S. Arora, Sr. Adv., Ratan Kumar Sinha, Manoj Kumar, Rakesh Kumar, Himanshu Shekhar, Ravi Bhatia.

Khatim Reza, J. – Heard Mr. Jitendra Kishore Verma, learned counsel representing the appellants, assisted by Mr. Lal Babu Singh, and Mr. J. S. Arora, learned senior counsel assisted by Mr. Ratan Kumar Sinha, learned counsel for the respondents.

2. This Second Appeal has been filed against the judgment and decree dated 02.05.2009, passed in Title Appeal No. 82 of 1991 by the learned Second Additional District and Sessions Judge, West Champaran, Bettiah, whereby the lower appellate court reversed the judgment and decree dated 19.07.1991, rendered in Title Suit No. 80 of 1985 by the learned First Additional Munsif, Bettiah, in which the suit filed by the plaintiff-appellants was partially decreed.

3. In order to gauge the matter in its correct perspective, it is necessary to briefly restate what the suit entails. The plaintiffs-appellants filed Title Suit No. 80 of 1985 for declaring the registered mortgage by conditional sale dated 15.04.1980 to be a mortgage and further sought a direction commanding defendant/respondent no. 1 to accept the mortgage amount of Rs. 4,000/- within a fixed time frame, execute a deed of reconveyance (wapsinama) and deliver possession of the mortgaged proper

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