Bhalchandra Vinayak Sakhare v. Rama Uttam Markad Since Deceased Thr Legal Heirs

915-SA-55-2026 (C).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 55 OF 2026 Bhalchandra Vinayak Sakhare

VERSUS

Rama Uttam Markad Since Deceased Thr Legal Heirs WITH INTERIM APPLICATION NO. 365 OF 2026 IN SECOND APPEAL NO. 55 OF 2026 Bhalchandra Vinayak Sakhare

VERSUS

Rama Uttam Markad Since Deceased Thr Legal Heirs ...

Mr. Rupesh K. Bobade a/w Mr. Niranjan V. Dhainje Advocate for Appellant/Applicant.

...

CORAM : SACHIN S. DESHMUKH, J.

DATE : 26th MARCH, 2026.

P. C. :

SECOND APPEAL NO. 55 OF 2026 :

1.

Heard.

2.

The appeal involves the following substantial questions of law :

i.

Whether the concurrent findings of the Courts below on possession are vitiated by perversity, having been recorded in disregard of material documentary evidence, including the registered Sale Deed dated 28.11.1997 and the respondent's contemporaneous statement evidencing delivery of possession? Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2026.04.03 11:07:49 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar 1 of

915-SA-55-2026 (C).doc ii.

Whether the Courts below erred in law in holding that possession could be obtained only through execution proceedings under Order XXI CPC, despite evidence on record indicating voluntary delivery of possession and closure of execution proceedings? iii.

Whether the impugned findings are contrary to settled legal principles in (a) treating mutation entries and revenue evidence as conclusive proof of possession, and (b) ignoring the binding effect of the previous judgment in R.C.S. No. 421/2013? 3.

In view of above, admit.

INTERIM APPLICATION NO. 365 OF 2026 :

4.

For the reasons stated in the application, the same is allowed in terms of prayer Clause (c).

[SACHIN S. DESHMUKH, J.] Sajakali Jamadar 2 of