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2024 Supreme(HP) 462

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Prem Chand (deceased) through LRs – Appellant
Versus
Sheelan Devi (deceased) through LRs – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. K.S. Banyal, Sr. Advocate with Mr. Uday Singh Banyal, Advocate.
For the Respondents:Mr. G.D. Verma, Sr. Advocate with Mr. Sumit Sharma, Advocate.

Table of Content
1. facts of the mortgage and lawsuit. (Para 2 , 3)
2. issues framed by the trial court. (Para 5 , 6 , 7)
3. parties' arguments on maintainability. (Para 11 , 12)
4. limitations on usufructuary mortgages. (Para 15 , 16)
5. court's analysis on redeeming time limits. (Para 19 , 20)
6. final order dismissing the appeal. (Para 24 , 25)

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment & decree dated 16.12.2014, passed by the learned District Judge, Hamirpur, District Hamirpur, H.P., (learned First Appellate Court), vide which the appeal filed by the respondent (plaintiff before the learned Trial Court) was allowed and the judgment and decree dated 12.9.2012, passed by learned Civil Judge (Senior Division), Court No. 1, Hamirpur, District Hamirpur, H.P. (learned Trial Court) was set-aside. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court seeking possession by way of redemption of the mortgaged land comprised in Khata No.4, Khatauni

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