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2018 Supreme(Kar) 1122

H.T.NARENDRA PRASAD
Irayya S/o Shivalingayya – Appellant
Versus
Laxmibai W/o Late Basayya – Respondent


Advocates Appeared:
For the Appellant :Sri. Sanjeevkumar. C. Patil, Advocate
For the Respondent:Sri. Amresh. S. Roja, Advocate

JUDGMENT :

Even though this matter is posted for admission today, with consent of both the parties, the matter is taken up for disposal.

2. This appeal is filed by the plaintiff No.1, challenging the judgment and decree dated 12.03.2013 passed by the Senior Civil Judge, Humnabad in R.A.No.121/2011 confirming the judgment and decree dated 20.07.2007 passed by the Prl. Civil Judge (Jr.Dn) Humnabad in O.S.No.15/2005.

3. Rank of the parties in the trial Court is taken as it is in this appeal also.

4. The brief facts of the case are that, the plaintiffs are the owners of the suit property. Plaintiffs’ grandfather viz., Siddayya had mortgaged the suit property under unregistered document in favour of defendant’s father viz., Veerbhadrappa in the year 1946. Plaintiffs’ grandfather viz., Siddayya had filed a suit in O.S.No.97/1958 for redumption of mortgage deed and recovery of possession. The suit filed by the Sidayya was dismissed. Being aggrieved by the same, he has filed appeal in R.A.No.30/1964. The First Appellate Court has allowed the appeal and decreed the suit. Being aggrieved by the same, the defendant has filed Regular Second Appeal before this Court in RSA.No.571/1967. This Court b

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