J.V. Gupta, J. - (1.) THIS appeal is directed against the final decree passed by the Trial Court in a suit for redemption of usufructuary mortgage.
(2.) THE relevant facts briefly are that on 20th November, 1963 a preliminary decree was passed in favour of the Plaintiff/Respondent for redemption of the suit property on payment of Rs. 29,676. The Plaintiffs were allowed three months time to deposit the aforesaid amount for payment to Defendant Nos. 1 and 2 failing which the Defendants were entitled to apply for final decree. The Plaintiffs were dissatisfied with the decree as to the amount found due by the Trial Court. Thus they filed a Regular First Appeal in this Court which was registered as R.F.A. No. 49 of 1984. The said Regular First Appeal was finally decided on 20th November, 1973 and the Plaintiffs' appeal was dismissed. During the pendency of the appeal an application was moved on behalf of the Plaintiffs under Order 41 Rule 5 Code of Civil Procedure for the grant of stay order thereby staying proceedings under Order 34 Rule 8 of the Code of Civil Procedure. On that application on 19th November, 1965 this Court passed the following order: If the final orders are passed on the Respondents application under Order 34, Rule 8 Code of Civil Procedure it will lead to unnecessary complications as the appeal is pending against the preliminary decree. I accordingly order that so long as the Petitioners appeal is not disposed of final orders on the Respondents application under Order 34 Rule 8 Code of Civil Procedure shall not be passed. After the decision in the said Regular First Appeal the Plaintiffs moved an application on 3rd December, 1973 for extension of time for depositing the decretal amount of Rs. 29,676. The Trial Court, - -vide detailed order dated 3rd January, 1974 extended the time by one month for depositing the said amount by the Plaintiffs. The said amount was deposited on 1st February, 1974 in the Trial Court. On the deposit of the said amount on 4th February, 1974 an application under Order 34 Rule 8 Code of Civil Procedure for passing the final decree was moved on behalf of the Plaintiffs which was contested by the Defendants by filing their reply on 12th June, 1974. On the pleadings of the parties the Trial Court framed the following issues: 1. Whether the application is within time ? O.P.A. 2. Whether the Respondents are entitled to interest from the date of passing of the preliminary decree upto the date of passing of the final decree, if so, at what amount ? O.P.R. 3. Whether the Applicants are entitled to take possession of Khasra No. 6/2, 7 of Rectangle No. 122 ? O.P.A.
(3.) AT what amount, are the Applicants entitled to get the final decree, in their favour ? O.P.A.;