Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.561 OF 2008
P.K. Narayanan Raja ….Appellant(s)
VERSUS
Ambika And Anr. …Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1) This appeal is directed against the final
judgment and order dated 23.12.2004 passed by the
Madras High Court (Madurai Bench) in Second
Appeal No.19 of 1995 whereby the High Court
allowed the second appeal and set aside the order of
the lower Appellate Court.
2) It is not necessary to set out the entire facts of
Signature Not Verified
the case in detail except to the extent necessary for
Digitally signed by
ANITA MALHOTRA
Date: 2018.08.10
17:14:08 IST
Reason:
the disposal of the appeal.
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3) The appellant is the plaintiff and the
respondents are the defendants. The appellant and
the respondents are members of one family and are
thus related to one another.
4) The suit out of which this appeal arises was for
a declaration and permanent injunction in relation to
certain immovable properties as specified in the
plaint, which are alleged to belong to members of the
family. The respondents contested the suit.
5) By judgment/decree dated 29.04.1991 in O.S.
No.236 of 1989, the Trial Court dismissed the
appellant's suit. The appellant felt aggrieved and filed
first appeal before the District Judge. By
judgment/decree dated 07.03.1994, the first
Appellate Court allowed the plaintiff's appeal and
decreed the suit. The defendants felt aggrieved and
filed second appeal before the High Court. By
impugned order, the High Court allowed the appeal
and dismissed the suit giving rise to filing of the
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appeal by way of special leave before this Court by
the plaintiff.
6) At the outset, learned counsel appearing for the
parties stated and brought to our notice that one civil
suit being OS No.46/1986 is pending between the
appellant and the respondents in the Court of
Subordinate Judge of Srivilliputur (TN). This suit
i.e., O.S.No.46/1986 is for partition of several
properties belonging to the members of the family,
who are also parties to the present appeal.
7) If that be the position then, in our opinion, the
property, which is subject matter of this appeal,
should also necessarily be subjected to its
adjudication in OS No.46/1986 along with other
properties. In any event, in our view, it would be just
and proper that all properties belonging to or claim to
belonging to the family or/and its members though
denied by the parties against each other should be
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made subject matter of one civil suit rather than two
civil suits.
8) It is for this reason, we do not consider it proper
to express any opinion on the rights of the parties so
far as the suit property in question is concerned and
grant liberty to the parties of this appeal to amend
their pleadings in OS No.46/1986 in relation to the
suit property in question in addition to the properties
which are already part of OS No. 46/1986 so that the
concerned Trial Court will be able to decide the rights
of the parties in relation to the entire properties
including the one in question in this appeal.
9) We, therefore, set aside all the three
judgments/decrees, i.e., judgments/decrees passed
by Trial Court, First Appellate Court and Second
Appellate Court out of which this appeal arises and
grant liberty to the parties to amend their respective
pleadings in civil suit O.S. No.46/1986 by including
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the suit property of the present appeal in the pending
civil suit (O.S.No.46/1986).
10) The Trial Court will then proceed to decide the
suit (O.S.No.46/1986) expeditiously by framing
additional issues, if required, in relation to the
properties in question on the basis of amended
pleadings and will also allow the parties to file
documents and lead evidence in support of their
pleadings including amended pleadings.
11) The Trial Court will decide the suit strictly in
accordance with law uninfluenced by any of the
observations made by the Courts below in this case.
12) Let the trial of civil suit (OS No.46/1986) be
completed within one year.
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13) With these observations and directions, the
appeal stands disposed of.
………...................................J.
[ABHAY MANOHAR SAPRE]
…...……..................................J.
[S. ABDUL NAZEER]
New Delhi;
August 10, 2018
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