JUDGMENT

The question came up for consideration in these appeals is whether an outstanding mortgagee of a subject matter of a suit for partition is an aggrieved person for the purpose of enabling him to challenge the decree by way of appeal. The legal position is very much settled by this Court inThottappayil Suresan and Others v. A.P.Gopalakrishnan and Others ( 2019 (1)KHC 284 ). A mortgagee of the subject matter of a suit for partition is not an aggrieved person as the decree for partition would not bind on him on the mortgage right, if any held by him over the property, though the parties to the suit are at liberty to implead him so as to adjudicate the claim based on any subsisting mortgage. So the permission granted by the first appellate court cannot be sustained. The remedy of the mortgagee under Order XXI Rule 97 C.P.C. or to institute a separate suit will stand affected by this judgment. Hence, the order granting permission to file the appeal will stand set aside as the appellant is not an aggrieved person either under Section

96 or Section 100 C.P.C. The reception of the appeal by the first appellate court will stand set aside. Necessarily, the order of remand passed by th