SWAMI NATH Vs. KAMLA DEVI

JUDGEMENT

(1.) This judgement shall dispose of the regular second appeal filed by the appellant against the impugned judgement dated 26.09.2016 of the learned ADJ-02 Shahdara/KKD Courts/Delhi and decree dated 30.06.2015 of the learned trial Court whereby the suit of the appellant filed under Order 34 of the CPC, 1908 (as amended) for foreclosure, sale and redemption of mortgage of the first floor of house number C- 1/306, Nand Nagri, Delhi along with a prayer for permanent injunction against alienation of the first floor of the said premises by the defendants nos.1 to 3 which was dismissed, was upheld.

(2.) Notice of the appeal was issued to the respondents who chose not to put in appearance despite service and were in fact ex parte even before the learned trial Court and did not choose to put in appearance even before the first Appellate Court.

(3.) The appellant urges the following contended substantial questions of law submitting to the effect that they arise from the facts and circumstances of the instant case: