VITHALSING RAMSING RAJPUT Vs. SONABAI

JUDGEMENT

(1.) THIS is an appeal filed under Section 96 of CPC by the plaintiff of an original suit bearing O.S.No.55/1986 which was pending on the file of the Court of Civil Judge (Sr.Dn.) & Asst. Sessions Judge, Athani, Belgaum District. Respondents herein are the defendants in the said suit.

(2.) SUIT had been filed for the reliefs of cancellation or otherwise, annuling the sale deed alleged to be executed by deceased plaintiff Khushalsing in favour of deceased defendant No.1 Basawantsing on 06.03.1968 as null and void and for declaration to the effect that the plaintiff is the absolute owner of suit schedule properties and for consequential relief of permanent injunction. Alternative relief of possession has also been sought for and also for ordering mesne profits under Order 20 Rule 12 of CPC.

(3.) SUIT came to be resisted by the defendants. Suit has been dismissed by a considered judgment and decree dated 26.09.2000 only on the ground of limitation. Issues 1 to 3 relating to the main reliefs have been answered in favour of the plaintiff. Being aggrieved by the said judgment and decree, the plaintiff has approached this Court by filing an appeal under Section 96 of CPC. Several grounds have been urged in the appeal memo.