CHANNABASAYYA Vs. VIJENDRA

JUDGEMENT

(1.) We have heard Sri Sanganabasava B. Patil, learned counsel for the appellant. The respondent has remained unrepresented inspite of service of notice on him. This appeal is preferred by the legal representatives of the appellant challenging the order dtd. 4/4/2019 in O.S.No.140/2013 on the file of III Addl. Senior Civil Judge, Vijayapura.

(2.) The original plaintiff filed a suit for declaration that he perfected his title in respect of land bearing Sy.No.110/1, measuring 6 acres 3 guntas situate at Gundal village, Vijayapura taluk and district by adverse possession and for consequential relief of permanent injunction. The defendant filed an application under Order VII Rule 11 of CPC for rejection of plaint on the ground that a suit for declaration of title based on adverse possession was not maintainable. The trial court following the judgment of the Supreme Court in Gurdwara Sahib Vs. Gram Panchayat village, Sirthala and another, 2014 SAR (Civil) 33, allowed the application and rejected the plaint holding that the suit was not maintainable. Aggrieved by this order, the legal representatives of the plaintiff have preferred this appeal.

(3.) Learned counsel for the appellants refers to the judgment of Hon'ble Supreme Court in Ravinder Kaur Grewal & Ors. Vs. Manjit Kaur & Ors., reported in (2019) 8 SCC 729 and argues that by virtue of this judgment suit for declaration is very much maintainable. In para Nos.62 and 64 of the said judgment, the Hon'ble Supreme Court has clearly made the following observations: