RAJESWARI AMMA AND ANR. versus JOSEPH AND ANR.

RAJESWARI AMMA AND ANR. versus JOSEPH AND ANR.

The decree being inseparable and order in favour of one respondent having become final, the High Court was not right in reversing the order of the executing court as against the other respondents.

Parties
Appellant: Rajeswari Amma; Appellant: Sukumara Pillai; Respondent: Joseph; Respondent: R. Mohan
Jurisdiction
India
Judgment Date
10 January 1995
Procedural Posture
Civil Appeal / Appeal From Order of Madras High Court in C.r.p. No. 2747 of 1982
Outcome
Appeal allowed
Legal Topics
Execution Petition, Impleadment of Parties, Finality of Judgment
Civil Procedure Execution Petition Impleadment of Parties Finality of Judgment

Case Brief

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Parties

Rajeswari Amma

Appellant

Sukumara Pillai

Appellant

Joseph

Respondent

R. Mohan

Respondent

Procedural Posture

Civil Appeal / Appeal From Order of Madras High Court in C.r.p. No. 2747 of 1982

Legal Issues

  1. 1 Whether the High Court was right in setting aside the order of the executing court as against two respondents when one respondent was not impleaded and the order in their favour became final

Ratio Decidendi

The decree being inseparable and order in favour of one respondent having become final, the High Court was not right in reversing the order of the executing court as against the other respondents.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside as against the appellants
  • No costs