RSA

No.7153/2010

is

filed

by

the

defendant

in

O.S.No.553/1992 on the file of the Principal Civil Judge

(Jr.Dn.), Vijayapura challenging the decree dated 04.07.1998

passed therein and the confirming judgment and decree dated

17.12.2009 passed by II Addl. Civil Judge (Sr.Dn.), Bijapur in

R.A.No.87/1998.

RSA

No.7154/2010

is

filed

by

the

legal

representatives of plaintiff in O.S.No.286/1993 on the file of the

Principal Civil Judge (Jr.Dn.), Vijayapura dismissing the suit for

specific performance as well as the confirming judgment and

- 4 -

decree dated 17.12.2009 passed by the II Addl. Civil Judge

(Sr.Dn.), Bijapur in R.A.No.89/1998.

The parties shall henceforth be referred to as

brother

of

mortgagor

and

mortgagee.

The

plaintiff

in

O.S.No.553/1992 was the brother of mortgagor while the

plaintiff in O.S.No.286/1993 was the mortgagee.

The suit in O.S.No.553/1992 was filed by brother of

mortgagor for redemption of the mortgage dated 02.05.1972

executed by his elder brother in favour of the mortgagee

mortgaging suit schedule properties for a sum of Rs.1,000/-.

The period of mortgage was fixed at 10 years and the

possession of the property was delivered to the mortgagee and

it was a