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2020 Supreme(Kar) 123

M.NAGAPRASANNA
Alisab S/o Davalsab Shaik – Appellant
Versus
Late Tukaram Sidharam Kathave Since Dead by his LRs. Smt. Mangla – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. S.S. Mamadapur.
For the Respondent: Sri. M.A. Jagirdar.

JUDGMENT :

M. NAGAPRASANNA, J.

1. Aggrieved by the judgment and decree dated 26.11.2002 passed by the Civil Judge (Jr. Dn.) Afzalpur decreeing the suit in O.S. No. 43/2000 and the judgment and decree dated 03.01.2006 passed by the Fast Track Court-V Gulbarga in R.A. No. 535/2004 affirming the decreeing the suit of plaintiff, the defendants have preferred the instant appeal against the concurrent findings of the Trial Court and the First Appellate Court.

2. The ranking of the parties will be as in the original suit for the sake of convenience.

3. The plaintiff had filed a suit against the defendants for declaration that, he is the owner of land bearing Sy. No. 189/A measuring 10 acres and 35 guntas situated at Baloorgi village and also for recovery of the eastern side 08 guntas of suit land from defendants No. 2 and 3 and also for recovery of northern side 03 acres and 33 guntas of suit land from defendant No. 1. Apart from above, the plaintiff also sought for permanent injunction restraining the defendants from interfering with the plaintiff’s possession and enjoyment of the suit l

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