UNION OF INDIA Vs. KANWAR VILAS NATH

JUDGEMENT

(1.) Heard Mr. Anil Singh, learned Additional Solicitor General for the Appellant-Union of India, and Mr. Iqbal Chagla, learned Senior Counsel for Respondent Nos.1 and 2.

(2.) This Appeal takes an exception to the 'Judgment and Decree' dated 29th November 2016 passed by District Judge-4, Kalyan in Regular Civil Appeal No.9 of 2016, which was preferred against the 'Judgment and Decree' dated 30th April 2012 passed by the Civil Judge, Senior Division, Kalyan in Special Civil Suit No.99 of 2006.

(3.) The said Suit was filed by Respondent Nos.1 and 2 herein for the 'Decree of Redemption' in respect of the mortgaged properties and for directing the present Appellant to re-convey the said property in their favour, at their costs, by accepting the mortgage debt due and payable. Along with the 'Decree of Redemption' and possession of the suit properties, the ancillary reliefs were also claimed of taking of accounts, adjusting the amount earned out of the suit properties towards mortgaged debt etc.