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2012 Supreme(Raj) 560

PRASHANT KUMAR AGARWAL
Ram Gopal – Appellant
Versus
Budhiprakash – Respondent


Advocates Appeared
Manoj Bhardwaj, Desh Raj Kalwania, for Petitioners;
J.P. Goyal, Sr. Advocate with Manisha Surana, for Non-Petitioner

Hon'ble AGARWAL, J.—Heard learned counsel for the parties.

2. The defendant-petitioners have preferred this civil revision petition under Section 115 of the Code of Civil Procedure against the impugned order dated 17.8.2011 passed by Civil Judge (Junior Division) Bonli (District Sawaimadhopur) in Civil Suit No. 3/2011 whereby the learned trial Court while deciding issue No. 6 has held that the suit filed by plaintiff-non-petitioner for redemption of mortgage is within limitation.

3. Brief relevant facts for the disposal of this revision petition are that the non-petitioner filed a suit for redemption of usufructuary mortgage against the petitioners with the averment that the suit property was mortgaged by Shri Rameshwar Prasad on 18.7.1980 to the petitioners in lieu of security amount of Rs. 7301/- and possession was also delivered to them and subsequently on 28.1.1983, the suit property was sold by mortgagor-Shri Rameshwar Prasad to one Shri Bhag Chand and Shri Bhag Chand sold the same to the plaintiff-non-petitioner and, therefore, he has a right to redeem the suit property. It was prayed by the non-petitioner that the suit property may be ordered to be redeemed and possession of t














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