The present second appeal by the plaintiff

assailing the judgment and decree dated 30.09.2011 in

R.A.No.6/1997 on the file of the Court of Fast Track,

Athani, confirming the judgment and decree dated

18.11.1996 in O.S.No.125/1990 on the file of the

Additional Munsiff and JMFC, Athani.

2.

The plaintiff filed a suit for redemption of

mortgage, for possession and for mesne profits contending

that the plaintiff is the successor of the mortgagor of the

suit property and defendant No.1 is the successor of the

mortgagee. The particulars of the mortgage is that on

31.08.1933, the mortgagor by name Balasaheb Allappa

Magnasuli-the father of the plaintiff had mortgaged the

godown situated at Budhawarpeth in Athani bearing CTS

No.421 measuring 1060 square yards in favour of one

Vamanarao Pandurang Patil for Rs.800/-. It is stated that

the mortgaged property was under the ownership of father

of the plaintiff- Balasaheb and his three younger brothers

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Paragouda, Rausaheb and Shidalingappa. The heirs of the

plaintiff’s father had some dispute over the property i.e.,

allotted to the plaintiff’s father and that a suit in

O.S.No.211/1980 filed by Suresh for partition and

separate possessio