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CASE NO.:

Appeal (civil) 3008 of 2001

PETITIONER:

M/s. Hasthimal & Sons & others

RESPONDENT:

P. Tej Raj Sharma

DATE OF JUDGMENT: 04/10/2007

BENCH:

A. K. Mathur & Markandey Katju

JUDGMENT:

J U D G M E N T

CIVIL APPEAL NO. 3008 OF 2001

MARKANDEY KATJU, J.

1. This appeal has been filed against the impugned judgment of the

Karnataka High Court dated 12.2.2001 in C.R.P. No. 2020/2000.

2. Heard learned counsel for the parties and perused the record.

3. This appeal has arisen out of a suit for redemption of the mortgage

and for possession of the mortgaged property. The owner of the properties

was one Jagadish, who mortgaged the property with the defendant-

respondent under a registered mortgage deed dated 19.3.1980 with

possession by creating an usufructuary mortgage. It appears that after the

mortgage deed, a partial release deed was signed between the parties on

21.9.1981 by which Jagadish had undertaken to give the first option to

purchase to the mortgagee. On demand for redemption, the defendant

refused and hence the suit was filed by the plaintiff, who had purchased the

property from Jagadish.

4.