Supreme Court · 2009 INSC 624 · Decided 27 April 2009
Katla Muthyal Naidu v. Kothapalle Venkatappa Naidu and ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 624 · [2009] 7 S.C.R. 86
- Case number
- CIVIL APPEAL No. 2860/2009
- Decided
- 27 April 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 100
Headnote
Code of Civil Procedure, 1908: s. 100 - Second appeal - High court dismissed second appeal holding there was no c specific plea of adverse possession in the plaint- Bare reading of averments shows this to be factually incorrect - Matter remitted to High Court for consideration afresh. In the is challenging .. .. D the order of High Court whereby the second appeal was .. dismissed primarily on the ground that there was no place of adverse possession anywhere in the plaint. Allowing the appeal and remitting the matter to the High Court for consideration afresh, the Court E HELD:
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