Case Note & Summary
The present appeals arise from a mortgage redemption suit filed in 1976. The original plaintiffs (legal heirs of the mortgagor) sought redemption of a house mortgage created in 1947. The original defendants (legal heirs of the mortgagee) contended that the mortgage was already redeemed in 1959 by two co-heirs of the mortgagor and that the property was subsequently sold to one of the defendants. The trial court decree was challenged in first appeal, and both parties filed second appeals before the High Court. The High Court heard arguments on 10 July 2018 and reserved judgment. The judgment pronounced on 23 August 2018 is not fully available in the provided text; thus, the final decision and reasoning remain unknown.
Issue of Consideration
SECOND APPEAL NO.80 OF 1991
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High Court
Bombay High Court Hears Cross Appeals in Mortgage Redemption Suit Without Naming Parties. The Court Examines Whether a 1947 Mortgage Was Redeemed by Partial Heirs in 1959, Affecting Rights of Other Co-Heirs.
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