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2009 Supreme(Kar) 674

A.S.BOPANNA
Madhukar Vishweshwar Shet Pokle – Appellant
Versus
Shailesh – Respondent


Appearing Advocates:
For the Petitioners:V.P. Kulkarni, Advocate. For the Respondent:Ravi G Sabhahit, Advocate, L.M. Sheelvant for GPA Holder.

JUDGMENT :-

A.S. Bopanna, J: The appellant in R.S.A.No.46/2005 is the plaintiff in O.S.No.26/1984 which resulted in R.A.No.7/1997, The very same appellant is also the appellant in R.S.A.No.579/2005, In that case, he was the defendant in O.S.No.202/1984 which resulted in R.A.No.27/2003. The suit in O.S. No. 26/1984 was filed by the appellant herein and the third respondent herein seeking for a declaration that they are the owners of the suit scheduled properties and also to declare the sale deed dated 17.06.1981 and 30.05.1983 as illegal. The said suit was dismissed by the Prl. Civil Judge, Karwar on 12.01.1989. The appeal in R.A No. 7/1997 was dismissed by the District Judge at Karwar on 30.09.2004. The suit in O.S. No. 202/1984 was filed by the respondent in these appeals who was one of the defendants in O.S. No. 26/1984. The suit in question was filed seeking for declaration and possession of the suit schedule property, which in fact is also the subject matter in O.S. No. 26/1984. The said suit (O.S. No. 202/1984) was decreed in favour of the plaintiff by the Prl. Civil Judge (Jr. Dn.),

Honnavar on 13.01.2003. The appeal in R.A. No. 27/2003 was dismissed by the Civil Judge (Sr. Dn
































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