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ALI AHMED versus AISHA WARSI


Section 58 Civil Procedure Code (V of 1908), O XXXIX, Rr 1 & 2 Specific Relief Act (I of 1877), Section 12 Interim Order Prohibition, Mortgage Grants, Suit Property Sales Mortgaged with Bank had gone. And the plaintiff, after recovering the weak money, contracted the sale in respect of the same mortgagor, gave the possession of the suit property to the plaintiff, who stepped in the mortgaged shoes, the bank initially paid the installments by the plaintiff. But later refused to accept the same plaintiff's request that Waldetti plaintiff's bank had notified the bank from the beginning of the injunction against the bank from suspending a third person's suit property. Subsequent payments were made, which was later accepted by Prima Face Bank that the plaintiff had stepped in place of Margor and Bank. After initially accepting installments from T, the claimant's inquiry and challenging position was withdrawn. After that, the bank could no longer refuse to accept the turnout and any payments because the equity was in favor of the claimant. The interest of the bank in the suit property was only to the extent and for the purpose of financing the payment provided by it, which the plaintiff did not do at all, the plaintiff did not do anything which would jeopardize the bank's position. Ownership was also secured as a mortgage, the balance was in favor of the claimant and the bank and if it suffered irreparable loss and injury A. High court bans bank from interfering with claimant's possession over suit property

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