M K SHEKARAPPA Vs. SHIVAGANGAMMA

JUDGEMENT

(1.) IN this second appeal, appellants have challenged the order of the Civil Judge (Sr. Dvn), Shimoga in RA 88/1994 confirming the order of the Prl. Munsiff, Shimoga in OS 315/1988. The appellants are plaintiffs who filed a suit for redemption of mortgage and for possession of the suit schedule property and for future mesne profits. The Trial Court has dismissed the suit of the plaintiffs as time barred against which, appeal was preferred by the appellants before the Civil Judge (Sr. Dvn), Shimoga. The appellate court while confirming the judgment and decree passed by the Munsiff, dismissed the appeal. Hence, this second appeal.

(2.) AT the time of admission, the following substantial question of law was raised for consideration on 26. 11. 2001. Whether the appellant plaintiff filed the suit within the time as prescribed under Art. 61 (b) of the Limitation Act, 1963 when admittedly the mortgaged property has been sold by the mortgagee before it could be redeemed and in the said circumstance, whether the appellant could be barred from seeking possession of the property without redeeming the mortgage.

(3.) DURING arguments, appellants' counsel has filed a memo seeking for raising further substantial question of law by way of recasting and reformatting the substantial questions of law which is as under: