SURESH NARAYAN DESHPANDE Vs. ANNAPPA ADIVEPPA HANDIGUND

JUDGEMENT

(1.) This appeal is preferred by defendant, challenging the judgment and decree dtd. 3/7/2018 in RA No.91/2013 on the file of I Additional District and Sessions Judge, Bagalkote - sitting at Jamakhandi (for short, hereinafter referred to as 'First Appellate Court'), allowing the appeal and setting aside the judgment and decree dtd. 28/8/2013 in OS No.3/2011 on the file of Senior Civil Judge and JMFC, Mudhol (for short, hereinafter referred to as 'Trial Court'), decreeing the suit in part.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) It is the case of the plaintiff that, the plaintiff is the owner in possession of the suit schedule property having purchased the same as per registered sale deed dtd. 25/7/2003 from Hanamant Gopal Deshpande for consideration of Rs.2,15,000.00. It is stated that the revenue records have been mutated accordingly. It is also stated in the plaint that, the defendant without considering the title of the plaintiff has interfered with the suit schedule property based on the judgment and decree in OS No.171/1996 which came to be dismissed and therefore, sought for relief of declaration with regard to the suit schedule property.