S.B.MAJMUDAR
SONI MOTIBEN WD/o BHAILAL DAMJI – Appellant
Versus
HIRALAL LAKHAMSHI – Respondent
( 1 ) THE heirs of the original-diffident of Regular Civil Suit No. 201 of 1970 on the file of the learned Joint Civil Judge Junior Division Bhuj have filed this second appeal challenging the preliminary decree for redemption of suit mortgage as passed against the original-defendant by the Trial Court and as confirmed by the learned District Judge in appeal. The respondent is the original-plaintiff
( 2 ) IN order to appreciate the main controversy between the parties in the present proceedings it is necessary to have a glance at certain relevant facts leading to the present litigation. The suit shop around which the dispute ceteras is situated near Minara Masjid in Bhuj town of Bhuj district. The original owners of this shop were two brothers named Memon Suleman Haji Ayub and Haji Abdul Sakur Ayub. A mortgage of the said shop with possession was effected in favour of one Soni Bhailal Damji who was the original-defendant in the trial Court. The present appellants 2 to 8 are the children of original-defendant. The Appellant No. 1 is his widow. The mortgage of the said drop in favour of original-defendant was entered into by the aforesaid tow brothers for Rs. 4 0 by a
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