REGENT COMPUTRONICS PVT. LTD.

ACHALDAS DURGAJI OSWAL Appellant

V/S

RAMVILAS GANGABISAN HEDA Respondents

Referred Judgements :-

THUMBUSWAMI V. HOSSAIN [REFERRED TO]
RAMAIAH V. VEERAIAH [REFERRED TO]
BANKE BEHARI LAL AND OTHERS V. GHANI AHMAD AND OTHERS [REFERRED TO]
POMAL KANJI GOVINDJI AND OTHERS ETC. V. VRAJLAL KARSANDAS PUROHIT AND OTHERS ETC. [REFERRED TO]
YASHPAL SINGH V. VED PRAKASH [REFERRED TO]
KRISHNAJI MORESHWAR JOSHI V. BHAKATRAM SADASHIV PATIL AND OTHERS [REFERRED TO]
SUBHA RAO V. RAJU [REFERRED TO]
MHADAGONDA RAMGONDA PATIL VS. SHRIPAL BALWANT RAINADE [REFERRED TO]
MAGANLAL RAMNARAYAN VS. JAISWAL INDUSTRIES NEEMACH:MAGANLAL [REFERRED TO]
K PARAMESWARAN PILLAI DEAD VS. K SUMATHI ALIAS JESIS JESSIE JACQUILINE [REFERRED TO]
MANCHERI PUPTHUSSERI AHMED PANNIKOT MADATHIL LAKSHMIKUTTY AMMA VS. KUTHIRAVATTAM ESTATE RECEIVER:KUTHIRAVATTAM ESTATE RECEIVER [REFERRED TO]
MOHAMMAD ABDUL KHADER MOHAMMAD KASTIM VS. PAREETHU KUNJU SAVED AHAMMED [REFERRED TO]
VORA AMINBAI IBRAHIM VS. VORA TAHERALI MOHMEDALI [REFERRED TO]
LOKNATH MISIR VS. DAULTA KUER [REFERRED TO]
RUDRAPPA VS. PUTTALAKSHAMMA [REFERRED TO]
BHAGABAT SIT VS. BALARAM SIT [REFERRED TO]
SUBRAMANIAM CHETTIAR VS. MUTHIAH PILLAI [REFERRED TO]
PRANIL KUMAR SETT VS. KISHORILAL [REFERRED TO]
K KUNJAMMA VS. BHAGEERATHY AMMA GOMATHY AMMA [REFERRED TO]
HAQUIK MIAN VS. RAJENDRA PRASAD [REFERRED TO]
RAGHUNATH SINGH VS. MT HANSRAJ KUNWAR [REFERRED TO]
MD AZIM VS. MDSULTAN [REFERRED TO]
ANGAMMAL VS. V.K.M. MUHAMMAD SULAIMAN LEBBAI AND ANR. [REFERRED TO]

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 9th November, 2001 passed by a learned single Judge of the Bombay High Court in Civil Revision Application No. 310 of 1998 whereby and whereunder he allowed the revision application filed by the respondent herein questioning an order dated 17th October, 1990 passed by the Joint Civil Judge, S. D. Kolhapur in final decree proceeding registered as Application No. 21 of 1975 rejecting an application purported to be under Order XXXIV, Rule 8 of the Code of Civil Procedure (C.P.C. for short) for preparation of final decree in Special Civil Suit No. 78 of 1969 wherein preliminary decree was drawn on 18th January, 1972 on the ground that the same was barred by limitation. Facts :

(3.) The property in suit is a building bearing City Survey No. 281 situated at Ward B, in the town of Kolhapur. Admittedly, Pandit Govind Shinde Naik, the owner of the property, mortgaged the same with Achaldas Oswal (Original Defendant No.1 - since deceased) for a period of five years. The mortgage was an usufructuary one. As the dues in relation to the suit property was not repaid by Pandit G. S. Naik to Kolhapur Bank, the property was sold in auction which was purchased by the first respondent herein. He filed a suit marked as Special Civil Suit No. 78 of 1969 inter alia for redemption of mortgage wherein a preliminary decree was passed on 18th January, 1972; the operative portion whereof reads thus :-

Click here to view full judgment.

ACHALDAS DURGAJI OSWAL Vs. RAMVILAS GANGABISAN HEDA

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address