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april 2008

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.

M.R. Satwaji Rao (D) By L.Rs vs B. Shama Rao (Dead) By L.Rs. & Ors · Niyam