JUDGMENT :

SUDESH BANSAL, J.

1. Both these first appeals have been filed under Section 96 CPC, assailing judgment and decree dated 10.10.1990 passed in Civil Suit No. 91/1980 (92/1979) passed by the Court of Additional District Judge No. 5, Jaipur City, Jaipur whereby and whereunder civil suit for redemption of mortgaged property and in alternative, for partition and redemption of half of the mortgaged property as also for delivery of possession, filed by plaintiffs has been decreed and a preliminary decree has been passed against defendants No. 1 and 2 to the effect that on making payment of half of the mortgage money of Rs. 19,999/- and half of the amount incurred in improvement/repairing of the mortgaged property i.e. 19,722/- along with interest thereupon, plaintiffs will be entitled for possession of the half portion of the mortgaged property after partition of same and further, to commence the partition, the Commissioner has been ordered to be appointed.

2. Plaintiffs being legal representatives of one of the mortgagor have challenged the impugned judgment dated 10.10.1990 by way of filing Civil First Appeal No. 47/1991 claiming that decree for redemption of mortgage should be p