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2009 Supreme(HP) 1146

SANJAY KAROL
JASWANT KAUR – Appellant
Versus
DES RAJ – Respondent


Advocates Appeared:
For the Appellants:Mr. Roshan Lal Batta, Sr. Advocate, with Mr. Pawan Gautam, dvocate. For the Respondents:Mr.S.S.Mittal, Sr. Advocate, with Mr.Dev Raj Dev, Advocate, for respondents No.1 to 17. None for proforma respondents.

JUDGMENT

Sanjay Karol, J.- In this Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908 the judgment and decree dated 26.6.1998 passed by the District Judge, Solan camp at Nalagarh, in Civil Appeal No.64-NL/13 of 1995, affirming the judgment and decree dated 29.4.1995 passed by the Sub Judge, Ist Class, Nalagarh, District Solan, H.P. in Civil Suit No.305/1 of 1989 has been assailed. The Courts below dismissed the plaintiffs’ suit for declaration that with the mortgagors’ right of redemption having come to an end due to efflux of time, the plaintiffs have become owners of the mortgaged land.

2. The appellants herein are the original plaintiffs and/or their legal representatives. For the purposes of adjudication of the present appeal, original plaintiffs are referred to as the plaintiffs. The respondents herein are either the original defendants No. 1 to 17 and/or their legal representatives and hence for the purposes of adjudication of the present appeal are referred to as the contesting defendants.

3. Brief facts necessary for adjudication for the present appeal are as under:-

The plaintiffs filed a suit for declaration that they have become owners of























































































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