Union Of India And Anr. VS. T.Udhistiro

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Union Of India And Anr. VS. T.Udhistiro

The Judgement Information System CASE NO.: Appeal (civil) 912 of 1999

PETITIONER: Mohd. Hussain (dead) by LRs & Ors RESPONDENT: Gopibai & Ors DATE OF JUDGMENT: 19/02/2008

BENCH: Tarun Chatterjee & A.K. Mathur JUDGMENT: J U D G M E N T

CIVIL APPEAL NO.912 OF 1999

TARUN CHATTERJEE, J.

1. This appeal is directed against the judgment dated 28th of February, 1992, which was delivered on 20th of March, 1992 by a learned judge of the High Court of Madhya Pradesh at Indore in Second Appeal No. 27/1978 whereby the concurrent judgments of the courts below decreeing the suit for redemption of mortgage filed by the appellants against the respondents were set aside practically on the ground that the suit for redemption could not be held to be maintainable in law in the absence of the two married daughters of one of the mortgagees.

2. Before we narrate the facts leading to the filing of this appeal, we may note the two questions which were posed by the learned counsel for the parties and need to be decided in this appeal, which are as follows: -

i) Whether the second appeal of the respondents 1 to 4 herein, who were the appell...

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