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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

    CIVIL APPEAL NO(s). 6262 OF 2003

M.VENUGOPAL                            ....Appellant                        VERSUS

DY. COMMISSIONER,  CHITRADURGA DISTRICT & ORS.     ....Respondents

O R D E R

   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

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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.

........................J. (TARUN CHATTERJEE)         

........................J. (V.S. SIRPURKAR)           

NEW DELHI, NOVEMBER 06, 2008.