JUDGMENT :-

1. Vide order dated 30th March, 2021, the Second Appeal came to be admitted by this Court. The Appeal has been preferred by the original Plaintiff being dissatisfied by the Judgment dated 20th October 2016 passed by the Appellate Court in Regular Civil Appeal No.175/2015 setting aside the judgment and decree dated 12th May, 2015 passed by the Civil Judge, Junior Division , Kagal in RCS No.38/2011 resulting in the suit being dismissed as barred by limitation. For sake of convenience the parties are referred to by their status before the Trial Court.

BACKGROUND FACTS:

2. Property bearing land Gat No 886/2 admeasuring 0.63 Are, pot-kharaba 0.02 Are was the ancestral property of Bhiru Naikwadi. It would be useful to reproduce the geneology so as to have a clear picture of the relationship:

Bhiru Balu Mayappa Anappa Devappa (Defendant No.1) (Defendant No.2)

3. Upon death of Bhiru, the property devolved upon his two sons Balu and Mayappa and upon death of Balu, upon the sons of Balu i.e. Anappa and Devappa - the Defendant Nos 1 and 2. Vide registered sale deed dated 7th August, 1985, executed between Mayappa and the Plaintiff, Mayappa sold his share in Gat No 886/2 to Shankar Bhau