LAXMINARAYAN FATTELAL Vs. TULSIRAM PANDHARI

JUDGEMENT

(1.) THIS is defendant No. 1 Laxminarayan's second appeal against the reversing judgment of the District Judge, Akola, passed in Civil Appeal No. 16 -A of 3955, arising out of Civil Suit No. 249 -A of 1953, decided by the Second Civil Judge, Class II, Akola.

(2.) RESPONDENTS Pandurang, Tulsiram and Vishwanath filed the present suit against the present appellant claiming the following reliefs: That the Court be pleased to declare that the mortgage in respect of Kazikheda field of the plaintiffs in favour of the defendant No. 1 has been finally discharged on 20 -3 -1942 and that any mortgage decree obtained by defendants 1 and 2 on the foot of the mortgage is void in law and the defendants 1 and 2 cannot claim possession of the field in execution thereof; as a consequence of this declaration the Court be pleased to enjoin permanently defendants 1 and 2 not to disturb the possession of the field S. No. 24/3 of mouza Kazikheda, Taluq Balapur, District Akola.

(3.) LAXMINARAYAN filed Civil Suit No. 133 -A of, 1947 on the foot of a mortgage dated February 20, 1935, executed by Pandhari, the deceased father of the plaintiffs -respondents, in respect of survey No. 24/3. The mortgage suit proceeded ex parte and Laxminarayan obtained possession in execution of the final decree for possession on May 23, 1952.