1. This second appeal was admitted on 17th July, 2007 on substantial questions of law regarding maintainability of the suit in view of S. 144(2) CPC, when the application filed under S. 144(1) CPC was dismissed in default. After hearing the parties, I have framed additional substantial question of law under S. 100 (5) CPC on 6th September, 2018 with regard to limitation and adverse possession.

2. The brief factual aspects, essential to properly understand and decide the controversy leading to the issues involved, are as under:

3. The appellants herein are original defendants whereas the respondents are original plaintiffs. For the sake of convenience, the parties are hereinafter referred to as per their status in the trial court.

4. The Respondents had filed Regular Civil Suit No. 114 of 1998 in the Court of Civil Judge, (S.D.), Gadhinglaj. The pleadings disclose that the subject matter of the suit was a house at Survey No. 123, Block No. 276 along 3.with surrounding land at village Atyal, taluka Gadhinglaj. The plaintiffs had earlier filed Regular Civil Suit No. 1 of 19