Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Mortgage – Redemption of – Suit for redeeming the mortgaged properties |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Mortgage – Redemption of – Suit for redeeming the mortgagedproperties, filed by plaintiffs inter alia against Respondent-DefendantNo.2 – Respondent resisted the suit inter alia contending that propertyin old Survey No.988 belongs to him– Trial court passed the finaldecree holding that the plaintiffs are entitled to redeem the suitproperty and that old Survey No.988 which the respondent claimedownership of, cannot be exempted from the suit property –Respondent filed appeal, which was dismissed by First AppellateCourt – High Court allowed the second appeal of respondent – Onappeal, held: In view of the objections repeatedly filed by therespondent reiterating that old Survey No.988 should be excludedfrom the properties to be partitioned, the trial court ought to haveheld an enquiry and directed the parties to adduce evidence as tothe right claimed by the respondent in old Survey No.988 – Though,the parties are fighting litigation for more than five decades, but inorder to meet the ends of justice, judgment of High Court and thecourts below are set aside and matter remitted to trial court fordeciding it afresh – Directions issued – Code of Civil Procedure,1908 – s.97. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2018 INSC 513 |
Petitioner | Selvi |
Respondent | Gopalkrishnan Nair (d) Thr. Lrs. And Ors. |
SCR | [2018] 6 S.C.R. 510 |
Judgement Date | 2018-05-15 |
Case Number | 21834 |
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