(1.) The defendants in OS No. 24/84 on the file of the Additional District Judge, Adilabad, are the appellants in this appeal. A preliminary decree for redemption of anomalous mortgage of a double storeyed building bearing No. 4-3-3 (old) and 3-7-68 (new) situated in Adilabad (hereinafter called as 'Amba Bhavan') and the adjoining plot as also a decree for cancellation of the decree passed in OS No. 49/78 have been passed against them.
(2.) This appeal shall govern also the disposal of the appeal AS 2702/89 arising out of OS 11/84 and the appeal AS 2703/89 arising out of OS 5/89 because all the three suits have been disposed by the common judgment passed by the Additional District Judge, Adilabad. In OS No. 5/89, suit of the 2nd defendant for permanent injunction has been dismissed and in OS No. 11/89, suit of the 3rd defendant for specific performance of the contract of the upper storey of Amba Bhavan has been dismissed.
(3.) It is an admitted fact that one K. Ramankutty alias Lingam is the husband of the 1st plaintiff Smt. Valsula Devi and father of the remaining 5 plaintiffs of OS No. 24/84. Similarly, the 1st defendant was the husband of the 2nd defendant and father of the remaining defendants Nos. 3 to 7 of the suit. It is also an admitted fact that the 1st defendant Habeeb Khan expired during the pendency of the suit and before the commencement of evidence in this case.
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