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2023 Supreme(Kar) 551

K. S. HEMALEKHA
Sudheendra Rao Kasabe Since Deceased By Lrs – Appellant
Versus
Narasayya S/O Hampayya Since Deceased By Lrs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Ameet Kumar Deshpande, Senior Counsel for Sri. Deshpande G.V., Advocate
For the Respondent: Sri. Shivanand Patil, Adv., for Smt. Maya T.R., HCGP

JUDGMENT :

The present regular second appeal by the plaintiff assailing the judgment and decree dated 10.10.2011 in R.A.No.15/2010 on the file of the Addl. Senior Civil Judge & JMFC-I, Raichur, whereby, the judgment and decree of the trial Court in O.S.No.153/2004 dated 20.03.2010 on the file of the Addl. Civil Judge & JMFC-III at Raichur, was set aside and the suit of the plaintiff was dismissed.

2. The parties herein are referred to as per their ranking before the trial Court for the sake of convenience.

3. This Court, while admitting the appeal on 22.01.2021, framed the following substantial question of law:

    "Whether the first appellate court justified in reversing the judgment and decree of the trial Court?"

4. While hearing the appeal on 28.08.2023, this Court framed the following additional substantial question of law:

    “Whether the first appellate court was justified in holding that an unregistered sale deed cannot be looked into for collateral purpose for establishing the possession on the basis of the adverse possession in the present facts and circumstances of this case?”

5. Sri Ameet Kumar Deshpande, learned Senior Counsel and Sri Shivanand Patil, learned counsel and Smt. Maya T

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