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Issues involved:
The issues involved in this judgment include foreclosure and sale of hypothecated land, declaration of purchasers of land, temporary injunction, sale of mortgaged properties, possession rights, validity of sale certificate, and interpretation of legal documents. Foreclosure and Sale of Hypothecated Land: A suit was filed for foreclosure and sale of hypothecated land, which was challenged and remanded for auction sale in accordance with the law. The Court receiver sold the property, leading to subsequent legal proceedings and appeals. Declaration of Purchasers of Land: Another suit was filed for a declaration as purchasers of land, claiming possession rights and seeking injunction against interference. The application for temporary injunction was initially granted, but later dismissed by the Single Judge, who directed the sale of mortgaged properties, leading to appeals before the Division Bench. Temporary Injunction and Sale of Mortgaged Properties: The Division Bench analyzed the matter and found that the property in question had been purchased by the respondents, raising serious questions for consideration. A sale certificate was issued, indicating possession with the respondents, leading to the grant of temporary injunction subject to conditions. Possession Rights and Validity of Sale Certificate: The contesting respondents claimed possession rights based on a sale certificate issued in their favor, which was subsequently amended to include the disputed land. The Division Bench held that unless the sale certificate is set aside, it has legal validity and force, and possession by the respondents is not that of a trespasser. Interpretation of Legal Documents: The learned Single Judge and the Division Bench examined various aspects of the case, including the nature of the property, validity of the sale certificate, and possession rights. The Division Bench's decision in favor of the respondents was based on a prima facie case for consideration and adherence to legal procedures. Conclusion: The appeals challenging the Division Bench's order were dismissed by the Supreme Court. The Court upheld the decision in favor of the respondents, emphasizing the legal validity of the sale certificate and the possession rights claimed. The time-bound directions for disposal of the suits were reiterated, with a deadline of six months from the date of the order for resolution.
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