Supreme Court of India · 2008-04-09
M.R. Satwaji Rao (D) By L.Rs vs B. Shama Rao (Dead) By L.Rs. & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2328
- Court
- Supreme Court of India
- Petitioner
- M.R. Satwaji Rao (D) By L.Rs
- Respondent
- B. Shama Rao (Dead) By L.Rs. & Ors
- Author
- P. Sathasivam
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the relationship of mortgagor and mortgagee ceased to exist after the auction sale of the mortgaged property in 1952, thus rendering the application of Order XXXIV Rule 14 CPC inapplicable. The Court found that the High Court erred in granting a decree for redemption of the mortgage, as the plaintiffs had not objected to the sale for over three decades. Consequently, the appeal was allowed, and the High Court's judgment was set aside, affirming the trial court's dismissal of the suit for redemption.