Supreme Court · 2025 INSC 956 · Decided 8 August 2025

Kishundeo Rout & ORS. v. Govind Rao & ORS.

Court
Supreme Court of India
Citation
2025 INSC 956 · [2025] 9 S.C.R. 113
Case number
SPECIAL LEAVE PETITION (CIVIL) No. 22070/2025
Decided
8 August 2025
Bench
J.B. PARDIWALA, R MAHADEVAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 96

Headnote

Whether the High Court rightly set aside the order passed by the First Appellate Court by which it had accepted the plea of adverse possession raised by the plaintiffs for the first time in appeal and decreed the suit. Adverse possession - Plea cannot be raised for the first time in appeal - Suit filed by the plaintiffs for cancellation of sale deed, dismissed by trial court - Appeal filed by the plaintiffs - First Appellate Court accepting the plea of adverse possession raised by them for the first time, allowed

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