As per the case facts the appellant was the defendant in a civil suit for possession of land The High Court overturned a lower court's decision and restored the initial ... trial court's judgment which favored the plaintiff for recovering encroached land The appeal to the Supreme Court was brought by the defendant's legal heirs against this High Court ruling The question arose whether the High Court was correct in restoring the trial court's judgment for recovery of possession specifically considering if delay or passive acceptance could defeat the plaintiff's right Finally the Supreme Court found no legal error in the High Court's decision affirming it in favor of the respondent It stated that in a timely suit for possession delay or passive acceptance cannot override a plaintiff's established title The appeals were dismissed

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