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2022 Supreme(Kar) 495

SACHIN SHANKAR MAGADUM
Saheblal S/o Gaibusab Laogavi – Appellant
Versus
Imamsab S/o Dastagirsab Loagavi – Respondent


Advocate Appeared:
For the Appellant :Sri S.P. Shankar, Senior Counsel Appearing, for Sri I.S. Chimmalagi & Sri P.G. Yatnal, Advocates
For the Respondent:Sri Shivakumar Kallor, Advocate

JUDGMENT :

Though this matter is listed in admission, with consent of learned counsel on both sides, the matter is taken up for final hearing.

2. The captioned second appeal is filed by the unsuccessful defendant Nos.1 and 2 who have questioned the concurrent findings of the Courts below wherein the plaintiffs suit for partition is decreed negativing the contention of defendants that they have perfected their title by way of adverse possession.

3. For the sake of brevity, the parties are referred to as per their rank before the trial Court.

4. The family tree of the parties is as under:

5. The plaintiffs represent the branch of Imamsab who is the younger son of propositus Lalsab while defendants represent the branch of Davalsab who was the eldest son of propositus Lalsab. The present suit is filed by contending that they are entitled for half share in the suit land bearing Sy.No.473 measuring 36 acres 15 guntas. The plaintiffs claimed that in 1977, there was some dispute between the children of second son Gaibusab in respect of land bearing Sy.Nos.44, 45, 46 and 43. The second son Gaibusab filed partition suit in O.S.No.27/1977 seeking relief of partition and separate possession. The sa

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