MAHADEV Vs. SHIVASHRANAPPA

JUDGEMENT

(1.) THE defendant in O.S. No. 110/2007 who was successful before the trial court and unsuccessful before the I -Appellate court has filed this regular second appeal.

(2.) HEARD Sri Ashok S Kinagi, learned counsel for the appellant and Sri Ameet Kumar Deshpande, learned counsel for the respondent.

(3.) THE parties have not -.disputed that the suit schedule property was originally held and left by one Gangamma. The plaintiff has contended that said Gangamma had executed a registered Will deed dated 21.02.1983 in favour of plaintiff bequeathing the suit schedule property. The said Gangamma died in the year 1984. Thereafter, O.S. No. 110/2007 was filed for declaration of title and recovery of possession of suit schedule property. The learned trial Judge on consideration of Exs. D -1 and D3 held that the father of the defendant and later the defendant were in continuous possession of the suit property adverse to the interest of plaintiff and dismissed the suit.