NARENDRA KUMAR TRIPATHI Vs. KARUNA AUDDY

JUDGEMENT

(1.) Leave granted.

(2.) The High Court has non-suited the appellant who was the plaintiff in the trial Court on the ground that the plea of adverse possession cannot be used as a sword by the plaintiff and has relied upon the judgment of this Court in Gurudwara Sahib v. Gram Panchayat Village Sirthala reported in 2014 (1) SCC 669. This judgment has been specifically overruled by a three-Judgment Bench of this Court in Ravinder Kaur Grewal v. Manjit Kaur reported in 2019 (10) SCALE 473, wherein it has been held as under :

(3.) Pursuant to the aforesaid judgment, we set aside the judgment of the High Court and remit the matter to the High Court to decide the matter afresh considering the aforesaid judgment and other relevant factors. The decree passed in favour of the Respondents shall not be executed for a period of eight weeks from today and thereafter the High Court shall decide whether stay should be granted or not.