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2009 Supreme(Raj) 1693

J.R.GOYAL
Madanlal – Appellant
Versus
Smt. Suraj Kanwar – Respondent


Advocates:
For the Appellant:M.M. Ranjan, Advocate.
For the Respondents:Gayatri Rathore, Advocate.

JUDGMENT

1. - This second appeal under Section 100 CPC has been preferred by the appellant- Madanlal against the judgment and decree dated 31.1.91 passed by District Judge, Sikar, whereby the judgment and decree passed by Civil Judge, Sikar dated 25.8.80 in Civil Suit No. 7/78, as amended by order dated 5.9.85, was affirmed.

2. Brief facts of the case are that plaintiff-respondent Nos.1 and 2 instituted civil suit No. 7/78, against the remaining respondents, for redemption of mortgage and possession of the suit-property. During pendency of the civil suit, on the application filed by respondent-Thakur Girdhari Singh, three shops were let-out to different persons. Out of these shops, one shop was let-out to the present appellant in compliance to the trial court order-dated 19.10.78, however, in revision that order of letting out the shops was set aside by this court on 18.12.79. The civil suit was decided by trial court on 25.8.80 decreeing the suit for redumption of the mortgagee during subsistence of the mortgage, but no order was passed for delivery of possession in respect of the three shops, including the one let-out to appellant-Madanlal. Thereafter, plaintiff-respondents moved








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