AMEEN KHAN Vs. SURENDRA SINGH

JUDGEMENT

(1.) Present petition has been filed challenging the order dated 3.7.2017 passed by XIV Additional District Judge, Gwalior whereby, application filed under Order 23 Rule1 read with Order 6 Rule 17 of C.P.C by the petitioner for withdrawal of the relief regarding declaration of title has been rejected.

(2.) Contention of the petitioner is that he had filed a civil suit for declaration of title and permanent injunction with respect to house constructed on Survey No.1353 ad-measuring 32X32=1024 Sqft having boundaries as mentioned in the plaint.

(3.) During pendency of the civil suit, the respondents have filed an application under Order 7 rule 11 of CPC in the light of judgment passed by Hon'ble Supreme Court in the case of Gurudwara Sahib Vs. Gram panchayat Village Sirathala and Others reported as (2014) 1 SCC 669 praying for rejection of the plaint on the ground that the suit for declaration of title on the basis of adverse possession is not maintainable at the behest of the plaintiff.