Rajiv Narain Raina, J.

1. This order disposes of RSA No. 1603 of 2008 titled Raj Kumar and others vs. Ami Chand deceased through his L.Rs. Man Singh and others & RSA No. 1604 of 2008 titled Raj Kumar and others vs. Man Singh and others.

2. These two appeals were adjourned sine die on December 08, 2009 to await the decision of the Supreme Court in SLP (Civil) CC 11029 of 2008 arising out of RSA No. 1029 of 1988 tilted Singh Ram (D) through LR vs. Sheo Ram and others decided on August 18, 2008 and rendered by the Full Bench of this Court.

3. The plaintiffs are the appellants in these appeals. They were mortgagees of the suit property. They brought a suit for declaration to the effect that they had become owners of the property in dispute by effluxion of time with the expiry of 30 years. The suit was decreed by the trial court but was reversed by the court of first appeal on the ground that in the case of a usufructuary mortgage, where no period of limitation is prescribed to seek redemption, then the right to redemption is not foreclosed. The lower appellate court followed the law laid down by the Full Bench of this court meanwhile in Ram Kishan and others vs. Sheo Ram and others, 2008(

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