Supreme Court of India

Sri Gangai Vinayagar Temple & Anr. v. Meenakshi Ammal & Ors.

Neutral citation

Reported as [2014] 12 S.C.R. 845

Bench Anil R. Dave, Vikramajit Sen and Pinaki Chandra Ghose JJ.

Decided 9 October 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that having failed or D neglected or concertedly avoided filing appeals against the decrees in O.S.5/78 and O.S.7/78 the cause of the Respondents/Tenants was permanently sealed and foreclosed since res judicata applied againi;t them.

Judgment, page 30

From the headnote

Code of Civil Procedure, 1908 - Or. 2, r. 2 and s. 11 - Res judicata - Applicability of - Plea of appellant-trust through its trustees that respondents/tenants of the demised property were barred by principle of res judicata from challenging the findings of trial court especially the trust's ownership of the demised property, since the tenants filed only one appeal, i.e. arising from one suit (O.S.6178), without assailing identical conclusions arrived at by trial court in two other suits (0.S. 51 78 and 7178) - All the three suits were connected, heard together, and decided by the trial Court

Authorities it was built on

1951 Ramnandan Prasad Narayan Singh v. Mahanth Kapildeo Ram Jee and Another cited by 19
1966 Sheodan Singh v. Smt. Daryao Kunwar cited by 12
1961 The Durgah Committee, Ajmer and Another v. Syed Hussain Ali and Others cited by 12
1976 Lonankutty v. Thomman & Another cited by 9
1977 Narayana Prabhu Venkateswara Prabhu v. Nara Yan Prabhu Krishna Prabhu & Ors. cited by 2

Where later benches applied it

2020 Shri Ram Sahu (dead) through Lrs. v. Vinod Kumar Rawat & Ors. referred to
2020 Union of India & Ors. v. Lt. Cdr. Annie Nagaraja & Ors. referred to
2019 Anupal Singh and Others v. State of U.p through Principal Secretary, Personnel Department and Others referred to
2019 State of Andhra Pradesh & Ors. v. B. Ranga Reddy (d) by Lrs & Ors. referred to

Of those, 4 referred to

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