In our view, this is not a fit case for entertaining the appeal in the exercise of our
discretionary power under Article 136 of the Constitution. For the first time before
this Court, relying on an order passed by this Court in Civil Appeal No.14741 of
1996, the learned counsel for the appellant sought to argue that the appellant may be
permitted to raise the plea of adverse possession and for that purpose the concurrent
orders of the three courts below may be set aside and the matter may be sent back
to the original authority for determination afresh. In our view, this submission of the
learned counsel for the appellant cannot be accepted only because the appellant
has not filed any amendment to the original petition even before this Court nor they
have raised any question regarding the adverse possession before the courts below
including the High Court. At this stage, we do not find any ground to permit the
appellant to raise such plea. No other ground was raised by the learned counsel for
the appellant. Accordingly, the civil appeal being C.A. No.6262 of 2003 is
dismissed with no order as to costs. The interim order, if any, stands vacated.