BUDHABHAI BHIKHABHAI PARMARAND Vs. SHANTA BEN

JUDGEMENT

(1.) Present Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been preferred by the appellants herein - original defendants to quash and set aside the impugned judgment and order dated 19.10.2004 passed by the learned Appellate Court - learned Joint District Judge and 9th Fast Track Court, Nadiad in Regular Civil Appeal No.27 of 2003 by which the learned Appellate Court has dismissed the said Appeal preferred by the appellants herein - original defendants confirming the judgment and decree passed by the learned trial Court passing the decree for redemption of the mortgage with respect to the suit properties.

(2.) That the respondent - original plaintiff instituted the Regular Civil Suit No.81 of 1999 against the appellants herein - original defendants in the Court of learned 3rd Joint Civil Judge (S.D.), Nadiad for redemption of mortgage of suit house and open land and for its possession against the appellants herein and the learned trial Judge decreed the suit of the original plaintiff - respondent herein.

(3.) At the outset it is required to be noted that while admitting the present Second Appeal, the learned Single Judge has framed the following substantial question of law.