KRISHNANANDA versus KATTU SIVA ASHRAM AND ORS.

KRISHNANANDA versus KATTU SIVA ASHRAM AND ORS.

The second appeal filed by the defendant was not maintainable as the First Appellate Court arrived at findings relevant only for determination between appellant and original plaintiff; no decree was passed against the appellant, and he did not prefer any appeal thereagainst.

Parties
Appellant: Krishnananda; Respondent No. 1 (plaintiff): Kattu Sivaashram; Respondents: Respondent Nos. 2 to 4
Jurisdiction
India
Judgment Date
18 January 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal dismissed
Legal Topics
Maintainability of Second Appeal, Adverse Possession, Title to Property
Civil Procedure Maintainability of Second Appeal Adverse Possession Title to Property

Case Brief

Summary, issues, holding and outcome

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Parties

Krishnananda

Appellant

Kattu Sivaashram

Respondent No. 1 (plaintiff)

Respondent Nos. 2 to 4

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether second appeal by defendant was maintainable when neither appeal was preferred nor decree was passed against him
  2. 2 Whether findings of First Appellate Court affecting only determination between plaintiff and appellant are relevant for issues among defendants inter se

Ratio Decidendi

The second appeal filed by the defendant was not maintainable as the First Appellate Court arrived at findings relevant only for determination between appellant and original plaintiff; no decree was passed against the appellant, and he did not prefer any appeal thereagainst.

Court Disposition

Appeal dismissed

Orders

  • Appellant's prayer to take Will on record rejected.
  • No costs awarded.