JUDGMENT :

1. This appeal is directed against the judgment and decree dated 27.04.2010 passed by the learned Additional District Judge (Bank Cases), Jammu (hereinafter to be referred as ‘the trial court’), whereby the suit for recovery for an amount of Rs. 5,53,336.58/- (Rupees Five Lacs Fifty Three Thousand Three Hundred Thirty Six Fifty Eight Paisa Only) filed by the respondent No. 1 has been decreed in favour of the respondent No. 1 and against the appellant as well as respondent Nos. 2 and 3 along with interest at the rate of 2% above SBAR with a minimum of 14% per annum with quarterly rests along with costs.

2. This appeal has been filed by the appellant on the ground that the judgment and decree dated 27.04.2010 passed by the trial court is not sustainable in law, as the learned trial court while dealing with the issue No. 2 has concluded on facts that it was incumbent on the part of the respondent No. 1 to get its lien marked over the mortgaged property in the revenue record and there was no denial that the respondent No. 2 took an advantage of this omission on part of the bank and thus, created third party interest by selling the mortgaged property. Thereafter, the learned tr