[Civil Appeal No. 7597 of 2012 arising out of SLP (Civil) 6521/2007]. [Civil Appeal No. 7598 of 2012 arising out of SLP (Civil) 11835/2007]. Both the appeals are directed against the judgment and final order dated 05.12.2006 passed by the High Court of Uttaranchal in Crl. Misc. Writ Petition No. 196 of 2003 (M/B). A recital of the facts stated by the appellant Uttar Pradesh Finance Corporation (UPFC) in the appeal filed by it would suffice for the purpose of the adjudication that is required to be made in the present appeals. A term loan of Rs. 4.55 lacs was sanctioned by the UPFC to one M/s. Sangam Ice Cream (hereinafter shall be referred to as the borrower), a proprietor ship concern owned by one, Smt. Nisha Devi Jaiswal. To secure the repayment of the aforesaid loan together with the interest due there on, the borrower had created an equitable mortgage, by deposit of title deeds, of land measuring 192.34 sq. meter or 0.048 acres bearing Khasra No. 496 along with the constructions standing thereon located at Mauza Niranjanpur, Pargana Kendriya Doon Tehsil and District Dehradun.
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