JUDGEMENT

1. This appeal has been preferred by the appellants/plaintiffs under section 96 of the Code of Civil Procedure against the judgement and decree dated 26.11.2022, passed by the Fourth Additional District Judge, Indore in Civil Suit No.921-A/2019.

2. In brief, the facts of the case are that the appellants/plaintiffs filed a civil suit for declaration simpliciter against the respondent/LIC Housing Finance Limited seeking the following relief :--

“The Plaintiffs therefore pray for a decree declaring that the structure of the Building constructed on the Plot No.1 & 2, Kibe Compound, Indore is not mortgaged with the Defendant;

Cost of the suit be also awarded to the Plaintiffs.”

3. The facts in brief are that the plaintiffs obtained a loan of Rs.12 Crore from LIC Housing Finance Ltd. and for the same, the disputed land situated at Plot No.1 & 2, Kibe Compound, Indore was kept as a collateral security with the LIC Housing Finance Ltd. The case of the plaintiffs is that as the plaintiffs defaulted in making the payment, a notice was affixed on their premises by the defendant/LIC Housing Finance stating that the LIC has the charge over the property and no transaction in respect