MATHEW KOSHY Vs. SAJI VARGHESE AND OTHERS

JUDGEMENT

(1.) O.S. No.106 of 2007 and O.S.No.114 of 2007 on the file of the Court of Munsiff, Kayamkulam were tried and disposed by a common judgment, against which the plaintiff in O.S.No.106 of 2007, who is the 1st defendant in O.S. No. 114 of 2007, preferred separate appeals before the lower appellate court. The lower appellate court concurred with the trial court and dismissed the appeals. O.S.No.106 of 2007 was filed by the review petitioner for a declaration of his title by adverse possession and also for injunction. O.S.No.114 of 2007 is filed by the respondent in the review petition against the review petitioner for a declaration of their title and also for fixation of boundary and injunction.

(2.) Aggrieved by the finding of the lower appellate court, the matter was taken up in second appeal before this Court. These appeals were dismissed by a common judgment dated 03.08.2016 finding that the principles in Gurdwara Sahib v. Gram Panchayat Village, Sirthala [2014 (1) SCC 669] go against the review petitioner and he cannot maintain a suit for declaration based on a plea of adverse possession.

(3.) Heard the learned counsel for the review petitioner and the learned counsel for the respondents.