Search Results for "prior mortgagee suit"

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Search Results for "prior mortgagee suit"

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High Court

Bombay High Court Allows Redemption of Mortgage in Second Appeal — Usufructuary Mortgage with Fixed Term of 20 Years and Condition of Return of Possession Upheld. Court holds that a mortgage by conditional sale with a fixed term of 20 years and a stipulation for return of possession after expiry is a simple usufructuary mortgage, and the mortgagor's right to redeem subsists even after the term.

12 Jun 2014

The case involves a second appeal arising from a suit for redemption of mortgage filed by the respondents (plaintiffs) against the appellant (defendan...

High Court

Bombay High Court Dismisses Second Appeal in Mortgage and Tenancy Dispute — Mortgagee's Claim of Tenancy Rights Not Established. The court held that a rent note executed by some co-owners is not binding on other co-owners, and the mortgagee's possession after redemption period cannot be converted into tenancy without consent of all co-owners.

16 Aug 2005

The appellant, Mhamulal Husen Momin, filed a second appeal against the judgment of the 5th Additional District Judge, Kolhapur, which confirmed the tr...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Mortgage by Conditional Sale Held to Be a Mortgage, Not Sale, and Right to Redeem Subsists Despite Non-Payment of Rent. The court restored the trial court's decree for redemption and possession, rejecting the appellant's claim of tenancy under the Bombay Rent Act.

27 Jun 2018

The case involves a second appeal arising from a suit for redemption of mortgage and possession filed by the original respondent (Shankar Krishna Bhag...

Supreme Court

Supreme Court Allows Plaintiff in Mortgage Redemption Suit Under Transfer of Property Act, 1882, Reversing Lower Court Dismissals. The Court Held That a Document Titled 'Conditional Sale Deed' Was a Mortgage by Conditional Sale Under Section 58(c), Entitling the Plaintiff to Redeem the Property Upon Repayment.

13 Aug 2021

The dispute arose from a transaction dated 22.2.1969, where the plaintiff borrowed Rs. 3,000 from defendant No. 1 and executed a document titled 'cond...

High Court

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Allows Axis Bank's Application to be Joined as Party in Multiple Suits Against Orbit Corporation Ltd. — Bank's Right to Defend Its Mortgage Interest Recognized. The court held that a mortgagee bank has a right to be heard in suits for specific performance of agreements for sale of mortgaged properties, as its interest would be affected by any decree.

2 Aug 2017

The judgment concerns multiple notices of motion filed by Axis Bank Limited seeking to be joined as a party in various suits filed by flat purchasers ...

High Court

High Court of Karnataka Allows Second Appeal in Mortgage Redemption Suit — Appellant Entitled to Redemption Despite Delay. Court holds that a mortgagor's right to redeem continues until foreclosure or sale, and mere delay does not extinguish the right unless there is a decree for foreclosure.

27 Apr 2018

The present appeal arises from a suit for redemption of mortgage filed by the appellant (plaintiff No.2) along with respondent No.2 (plaintiff No.1) a...

High Court

Bombay High Court Allows Second Appeal in Mortgage Redemption Case — Appellants Held Entitled to Right of Redemption Along with Respondent No.1. The court found that the lower courts erred in excluding the appellants, who were co-mortgagors, from the right to redeem the mortgage property under the Transfer of Property Act, 1882.

18 Mar 2005

The case involves a second appeal before the Bombay High Court arising from a suit for redemption of a mortgage. The original plaintiff, Respondent No...

High Court

INTERIM APPLICATION (L) NO. 25700 OF 2025

9 Oct 2025

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Supreme Court

Supreme Court Allows Appeal by Mortgagees in Evacuee Interest (Separation) Act Case; Rules Section 9(1) Does Not Reopen Past Interest Accounts. Interest Rate Capped at 5% Per Annum Simple from Date of Claim, Not Retrospectively, for Composite Property.

25 Mar 1966

The dispute arose from a mortgage deed executed in 1928, under which the appellants were mortgagees of properties including a house, with interest at ...

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