M. Venugopal Vs. Dy. Commissioner
Chitradurga Distt., K.A. & Ors. [2008] INSC 1880 (6 November 2008)
Judgment
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 6262 OF 2003
M.VENUGOPAL ....Appellant VERSUS DY. COMMISSIONER, CHITRADURGA DISTRICT &
ORS. ....Respondents ORDER In our view, this is not a fit case for entertaining
the appeal in the exercise of our discretionary power under Article 136 of the
Constitution. For the first time before this Court, relying on an order passed
by this Court in Civil Appeal No.14741 of 1996, the learned counsel for the
appellant sought to argue that the appellant may be permitted to raise the plea
of adverse possession and for that purpose the concurrent orders of the three
courts below may be set aside and the matter may be sent back to the original
authority for determination afresh. In our view, this submission of the learned
counsel for the appellant cannot be accepted only because the appellant 2 has
not filed any amendment to the original petition even before this Court nor
they have raised any question regarding the adverse possession before the
courts below including the High Court. At this stage, we do not find any ground
to permit the appellant to raise such plea. No other ground was raised by the
learned counsel for the appellant. Accordingly, the civil appeal being C.A.
No.6262 of 2003 is dismissed with no order as to costs. The interim order, if
any, stands vacated.
........................J.
(TARUN CHATTERJEE)
........................J.
(V.S. SIRPURKAR)
NEW
DELHI,
NOVEMBER
06, 2008.
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