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1995 Supreme(Online)(Bom) 26

BOMBAY HIGH COURT
M. L. Dudhat, J.
Radhabai Yashwant Dhotre v. Abaji Janoji Haikodi and Others


Advocates:
For the Appellants/Petitioners: Mr. Apte
For the Respondents: Mrs. Agarwal

1. This second appeal is preferred the judgement and deceree dated 9th August, 1994 passed by the VII additional District Judge, Pune in Civil Appeal No. 661 of 1993, whereby the lower appellate Court confirmed the judgement and decree dated 21st August, 1993 passed by the Civil Judge, Junior Division, Junnar, in Regular Civil Suit No. 24 of 1962.

2. This is a matter where the plaintiff filed the aforesaid suit for redemption of mortgage in the year 1962 for redeeming the mortgage of an agricultural land for a consideration of Rs. 500/- and for more than 30 years this matter was moving to and for on technical grounds from trial Courts and lower appellate Courts and it has ultimately landed before this High Court in this second appeal.

3. Few facts which are material from the point of view of disposal of this appeal are as under:
Appellant in this case is original defendant. Respondent No. 1 (original plaintiff) filed the aforesaid suit before the Civil Judge, Junior Division, Junnar, for redemption of mortgage and also for possession of the suit property. In the said suit, defendant No. 2 was joined as a party. Defendant No. 2 had no objection to redeem the suit property. In the suit,

































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