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2017 (2) TMI 1464 - SC - Indian LawsPermanent injunction be granted to first Plaintiff with respect to property - restraint from interfering in peaceful enjoyment of the suit property - HELD THAT:- The issues which were decided as preliminary issues with respect to redemption of the mortgage as well as with regard to Limitation could not have been decided as preliminary issues by the trial court being mixed question of law and facts. The Plaintiff has clearly averred in the plaint that there was redemption and thereafter land acquisition of the land took place which was quashed and case was decided in their favour as such they continued to be in possession of land. In the circumstances, question of factum of redemption and its legality could not have been decided as preliminary issue. Consequently, the question of limitation also, which was dependent upon the aforesaid facts, could not have decided as preliminary issue. It is made clear that any observation made in orders passed by the trial court, District court or by the High court shall not come in the way of the parties while the trial court decide the matter afresh after recording the evidence.
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