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KARNATAKA HIGH COURT
M.G.S. KAMAL, J
GURALING S/O. RAMAPPA KAMATE – Appellant
Versus
SAHIVAMOGGI S/O. ADIVEPPA KURABET – Respondent
| Table of Content |
|---|
| 1. ownership and possession claims (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. analysis of evidence and legal requirements (Para 8 , 12 , 13 , 14) |
| 3. arguments on possession and ownership rights (Para 9 , 10) |
| 4. dismissal of appeal and confirmation of lower court's decision (Para 16) |
ORAL ORDER
1. The defendants are before this Court in this appeal, being aggrieved by the judgment and decree dated 11th March 2013, passed in O.S. No.26/2008 by the Senior Civil Judge, Chikodi, which is confirmed by the judgment and order dated 17th April 2015, passed in R.A. No.119/2013 by the VII-Addl. District and Sessions Judge, Belagavi at Chikodi.
3. The case of the plaintiff is that, he was the adopted son of one Adiveppa Mallappa Kurbett of Kabbur Village in 1967 in terms of registered deed of adoption. Upon the demise of his adoptive father, the name of the plaintiff came to be mutated vide M.E. No.7003, dated 29.10.1974 and as such the plaintiff has been in possession and enjoyment of the suit properties.
5. Written statement is filed by defendant No.2 denying the plaint averments, however admitted the existence of the suit properties. Claim of the plaintiff being the owner in possession is den
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