SHRIKANTSA Vs. CHANDBIBI

JUDGEMENT

(1.) This appeal is filed by the defendants No. 2 and 3 challenging the judgment and decree dated 28.01.2017 passed in RA No. 432/2015, whereby the first appellate Court has allowed the appeal and remanded the matter to the trial Court for fresh consideration in accordance with law.

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

(3.) The plaintiffs have filed a suit for declaration of possession on the basis of adverse possession in OS No. 55/2013 before the II Addl. Senior Civil Judge and CJM, Belagavi. After service of suit summons, the defendants have appeared and filed an application under Order VII Rule 11 of CPC for rejection of the plaint. The trial Court by order dated 9.9.2015 has allowed the application and rejected the plaint under Order VII Rule 11(d) of CPC on the ground that the plaintiffs cannot claim the relief of declaration on the basis of adverse possession.