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2018 Supreme(Online)(Bom) 1423

HIGH COURT OF BOMBAY
SHALINI PHANSALKAR-JOSHI, J
MANIK DAGADU SHAIKH – Appellant
Versus
SOPAN TATYABA WADHMODE – Respondent


ORAL JUDGMENT :

1] Heard learned counsel for the Appellant(s) and learned counsel for the Respondent.

2] This Second Appeal is directed against the judgment and decree dated 06/05/2000 passed by the 2nd Additional District Judge, Satara, thereby allowing Regular Civil Appeal No. 357 of 1994, which was preferred against the judgment and order dated 06/07/1994 passed by the Civil Judge Junior Division, Phaltan, in Decree Final Application No.205 of 1975.

3] The said 'Final Decree Application' was filed by the present Appellant for passing a decree of redemption under Order 34, Rule 8(1) of the Civil Procedure Code, 1908 (for short, “C.P.C.”).

4] It is undisputed position on record that the Appellant- Manik had filed Regular Civil Suit No.205 of 1975 against the Respondent for redemption of the mortgage of the suit land. The said suit was decreed on 26/10/1978 directing the Appellant to deposit the amount of Rs.200/- towards the mortgage money into the Court within six month from the date of the decree. As per the case of the Appellant, the preliminary decree was prepared on 27/12/1978 and the Appellant has deposited the amount of Rs.200/- into the Court on 11/06/1978. Thereafter, on 03/0

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