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2024 Supreme(Bom) 153

G. A. SANAP
Suresh Namdeorao Wankhade – Appellant
Versus
Meena W/o Arun Jayale (Patil) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : C.S. Samudra.
For the Respondent: V.P. Kaslikar.

JUDGMENT :

G.A. SANAP, J.

1. Heard.

2. ADMIT. Taken up for final disposal forthwith by the consent of learned advocates for the respective parties.

3. In this second appeal, the challenge is to the judgment and decree, dated 24.11.2017, passed by the learned District Judge-8 Amaravati, whereby the learned District Judge dismissed the appeal filed by the appellant-plaintiff and confirmed the judgment and decree dated 10.04.2012, passed by the Trial Court, whereby the suit filed by the appellant-plaintiff seeking a declaration, permanent injunction and possession of a portion of the suit premises was dismissed.

4. In this second appeal, the notice was issued on the following two substantial questions of law:

    “1. Whether the findings rendered by the Courts below on the question of ownership and possession of the appellant in the suit property, were perverse in the face of registered sale deed dated 15.05.2004 (Exh.51) placed on record?

2. What would be the effect of law laid down by the Hon’ble Supreme Court in case of Anthula Sudhakar vs. P. Buchi Reddy (Dead) by LRs. and Others, (2008) 4 SCC 594, on the facts and circumstances of the present case and in that light, whether the concurrent j

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