In Brief
The plaintiff sued for permanent injunction over mortgaged property, alleging earlier redemption and confirmed ownership following a successful land acquisition challenge. The trial court decided redemption and limitation as preliminary issues, dismissing the suit. The District Judge and High Court (initially) held such issues were mixed questions of law and fact requiring full trial. A later review allowed by the High Court restored the trial court's order. The Supreme Court reversed the review order, holding that questions of redemption and limitation cannot be decided as preliminary issues when they involve factual inquiry and are interdependent. The matter was remitted for full trial on all issues after recording evidence."
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