CAV JUDGMENT

This RFA No.846/2020 is filed by the appellants/defendants under Section 96 of CPC for setting aside the judgment and decree passed by XIV Addl. City Civil and Sessions Judge, Bengaluru, in O.S.No.8885/2001 dated 14.2.2020 for having decreed the suit of the plaintiff.

2. W.P.No.15956/2023 is filed as against the order passed by the same court in FDP No.109/2020 on the application filed under Order 21 Rule 24 of CPC and Interlocutory Application filed under section 151 of CPC by the appellant.

3. Heard the arguments of learned counsel for the appellants in the appeal and the counsel for petitioners in writ petition and learned counsel for the respondents.

4. The appeal is preferred as against the preliminary decree and the writ petition is filed as against the proceedings in FDP.

5. The appellants are defendants and the respondent No.1 was the plaintiff before the trial court and the ranks of the parties are retained for the sake of convenience.

6. The case of the plaintiff before the trial court is that the plaintiffs have filed suit for redemption of mortgage deed dated 5.9.1990 executed by the deceased mortgager Venkatalakshmamma in favour of the deceased mortgagee D.S.M