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Krishnamurthy S. Setlur (Dead) by LRs. v. O.V. Narasimha Setty (Dead) by LRs. & Ors.

Civil Appeal · 2019 INSC 879Decided 8 Aug 2019
Civil Appeal No. 6111 of 2009
Justice Arun Mishra · Justice Vineet Saran

Background

This order does not decide the appeal. The appeal was listed with others on a common question: whether a plaintiff can base a suit on title acquired by adverse possession under Article 65 of the Limitation Act.

Decision Breakdown

This is not a final decision on the appeal. The Court followed the three-judge ruling in Ravinder Kaur Grewal v. Manjit Kaur, delivered the previous day, that a plaintiff can sue on title by adverse possession. It directed that the matters be placed before the appropriate bench for decision on merits.

Lesson Learnt

The legal question is settled, but this appeal still had to be decided on its own facts.

Official source (sci.gov.in)View Judgment (PDF)

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