JUDGMENT

Mr. Amit Rawal, J. (Oral):- This matter has been remanded by the Supreme Court.

2. Present regular second appeal i.e. RSA No. 253 of 1982 preferred against the judgment and decree whereby the suit seeking redemption of the mortgage dated 22.04.1947 was dismissed by the trial Court as well as appellate Court and the appeal was allowed by this Court vide judgment dated 15.10.2004. The aggrieved party assailed the findings before the Hon’ble Supreme Court and the same was allocated a Civil Appeal No. 4987 of 2008 and vide order dated 12.05.2017 remitted to this Court. Order reads as under:-

“We have heard learned counsel for the parties and deem it appropriate to remit the matter to the High Court, after setting aside the impugned judgment and order, with the request to determine afresh on the question of limitation with reference to the date of mortgage and how much period was available after the enforcement of the new Act.

All other questions are kept open for determination.

The impugned judgment and order passed by the High Court is set aside and the appeal is accordingly allowed. No order as to costs.”

3. The facts as revealed from the plaint and the records of the Courts