1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. SECOND APPEAL NO.479/2007 WITH CIVIL APPLICATION NO.806/2007 Nathuram Motiram Pawar. ..Appellant -VERSUS- Vrushali Ulhas Shah and others. ..Respondents ......... Ms.Smita Mane, Advocate for the appellant. Mr.A.P.Kulkarni, Advocate for the respondent No.1. .......... CORAM : A.P.DESHPANDE, J. DATED : 12th MARCH, 2009. P.C. : 1. The present appellant is the original plaintiff who instituted a suit for redemption of the mortgaged property and declaration that the sale deed is in fact a deed of usufructuary mortgage. The Trial Court dismissed the suit and the appeal carried by the present appellant also came to be dismissed by the first Appellate Court. Both the Courts below have categorically held after appreciating the evidence on record that, the transaction in question is the sale and Motiram, father of the appellant, was within his rights to execute the sale deed. The fact that the property was self acquired 2 property of Motiram is established by admissions given by the plaintiff in that regard. The notice issued by the plaintiff prior to institution of the suit as well admits the real nature of the transaction to be a sale transaction. Placing reliance on the evidence on record and the material admissions given by the plaintiff, both the Courts below have concluded the nature of transaction to be a sale and not mortgage. It is relevant to note that the present appellant is attesting witness to the sale deed executed by his father. Having regard to the preponderance of the evidence on record, both the Courts below dismissed the suit. 2. Perused the impugned judgment. No substantial question of law emerges for consideration. Hence, this Second Appeal is dismissed. In view of dismissal of the second appeal, the Civil Application does not survive and the same is also dismissed. JUDGE