G. SURYAKUMARI & ANR. versus B. CHANDRAMOULI & ORS.

G. SURYAKUMARI & ANR. versus B. CHANDRAMOULI & ORS.

The ground based on Order 9 Rule 9 CPC, relating to bar by virtue of dismissal of an earlier suit, cannot be permitted to be raised for the first time before the Supreme Court when it was not taken before the trial court, appellate court or High Court. The findings of the High Court decreeing the suit, holding...

Source-derived case information.

Parties
Appellant: G. Suryakumari; Respondent: B. Chandramouli
Jurisdiction
India
Judgment Date
18 December 2009
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Perpetual Injunction, Possession, Order 9 Rule 9 CPC, Practice and Procedure
Civil Procedure Perpetual Injunction Possession Order 9 Rule 9 CPC Practice and Procedure

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Parties

G. Suryakumari

Appellant

B. Chandramouli

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the respondents/plaintiffs are entitled to perpetual injunction restraining defendants from interfering with their peaceful possession of the suit property
  2. 2 Whether Order 9 Rule 9, CPC bars the present suit due to earlier suit dismissal
  3. 3 Whether findings of lower appellate court reversing trial court are perverse and contrary to evidence

Ratio Decidendi

The ground based on Order 9 Rule 9 CPC, relating to bar by virtue of dismissal of an earlier suit, cannot be permitted to be raised for the first time before the Supreme Court when it was not taken before the trial court, appellate court or High Court. The findings of the High Court decreeing the suit, holding respondents in exclusive possession of suit property and that area claimed by them does not fall within defendants' purchased area, are upheld.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs throughout.
  • Counsels' fee Rs. 5,000/-