The trial companyrt decreed the suit and granted permanent injunction.
However, the first appellate companyrt affirmed the permanent injunction in favour of the appellant in the capacity of the appellant as a mortgagee.
On appeal, the first appellate companyrt partly allowed the appeal holding that the appellant, claiming through the mortgagee, cannot claim right to ownership over the property in question.
The same view was affirmed by the High Court.
However, the High Court granted liberty to the respondents to work out their remedy for Signature Not Verified Digitally signed by MAHABIR SINGH Date 2018.08.30 right to redemption in separate proceedings.
The appellant mortgagee filed a suit claiming ownership of the property in question by prescription and also sought for permanent injunction in favour of the appellant.
BANUMATHI, J. Leave granted.
The appellant claims through the original mortgagee under the usufructuary mortgage.
