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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T. Madhavi Devi
B. Lalitha Devi – Appellant
Versus
Lakshman – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute. (Para 1 , 2 , 3 , 4) |
| 2. defendant's counterclaim and argument regarding title. (Para 5 , 6 , 12) |
| 3. plaintiff's argument based on possession and reliance on past judgments. (Para 7 , 8 , 9 , 10) |
| 4. court's interpretation of order 12 rule 6 cpc. (Para 14 , 24) |
| 5. court's dismissal of the civil revision petition. (Para 25 , 26) |
ORDER :
T. Madhavi Devi, J.
This Civil Revision Petition has been filed against the order dated 20.02.2024 passed in I.A.No.21 of 2023 in O.S.No.138 of 2016 on the file of IV Additional District Judge, Sangareddy, in respect of the petition filed under Order XII Rule 6 of C.P.C. by the petitioners/plaintiffs.
2. Brief facts leading to the filing of the present Civil Revision Petition are that the petitioners herein are the plaintiffs who filed suit i.e., O.S.No.138 of 2016 for perpetual injunction. The suit schedule property is a house bearing No.1-9-165/9, situated as Karas Guthy Road, consisting of seven mulgies, one store room, one pump house, one stair case and two toilets, constructed on land admeasuring 242 square yards on Plot Nos.26/1 and 26/2 in Survey No.23/2, Narayankhed Village, Medak District. Acc
For judgment under Order XII Rule 6, admissions must be clear and unconditional; conditional admissions do not suffice.
A decree on admission under Order XII Rule 6 of the CPC requires clear, unconditional admissions of fact, which were absent in this case.
The essential ingredients for adverse possession must be pleaded clearly, and long possession alone is not sufficient to establish adverse possession.
Establishing adverse possession requires clear, unambiguous evidence of hostile intent and disclosure of all necessary details; mere long possession without asserting hostile rights does not suffice.
The main legal point established in the judgment is that the rejection of a plaint under Order VII Rule 11(d) of CPC should be stringent, and the plea of limitation should be adjudicated on the merit....
Admissions in pleadings or related documents allow for expedited judgments under Order XII Rule 6 CPC, affirming that clear and unequivocal admissions can preclude the need for further evidence.
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