Ogeppa (D) thr. LR’s. & Ors. vs. Sahebgouda (D) thr. LR’s. & Ors. (SC)

Permanent Injunction–Right of Seva Pooja–Suit for–Decreed–Instant appeal–Appellant’s predecessor instituted the suit for possession and injunction in the year 1944 which shows that they were not in the possession of the temple–Further, that suit was dismissed and it was withdrawn at the stage of appeal with liberty to file a fresh suit–Thereafter, for over three and half decades, no fresh suit was instituted–No explanation–It can be inferred that the said party had reconciled itself to the factual reality on the ground–Failure in establishing the hereditery pujari rights by the appellants–Plaintiffs have established their claim through the consistent evidence–Held, no perversity is found in the impugned judgment, passed by the High Court.