(1.) The present Second Appeal has been filed by the appellants under Section 100 of the Civil Procedure Code being aggrieved with the impugned judgment and order in Regular Civil Appeal No.27 of 2009 by the learned Principal District Judge, Patan vide judgment and order dated 11.09.2015 confirming the judgment and decreed in Special Civil Suit No.50/1992 passed by the Principal Civil Judge, Radhanpur dated 03.07.2009 on the grounds stated in the memo of appeal posing substantial questions of law as under:-
(2.) The background of the facts as referred to by learned advocate, Shri Jay Thakkar for the appellant and learned advocate, Shri S.P. Majmudar for the respondents is with regard to the mortgage deed and subsequent transaction and though there are concurrent finding of facts, same is sought to be challenged by way of present Second Appeal posing substantial questions of law as recorded hereinabove.
(3.) Heard learned advocate, Shri Jay Thakkar for the appellant and learned advocate, Shri S.P. Majmudar for the respondents.