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Narayana Gramani & Ors. v. Mariammal & Ors.

Civil Appeal · 2018 INSC 802Decided 11 Sept 2018
Civil Appeal No. 5057 of 2009
Justice Abhay Manohar Sapre · Justice Vineet Saran

Background

This order sends the case back; it does not decide the dispute. Two courts decided ownership of the suit land in the plaintiffs' favour. The Madras High Court, in second appeal, framed only a question on res judicata and estoppel.

Decision Breakdown

This is not a final decision on the dispute. The Court held that the High Court erred in not framing or examining any question on ownership. It set aside the judgment and sent the second appeal back, without applying its mind to the merits.

Lesson Learnt

A second appeal must be decided on properly framed questions of law covering the real dispute.

Official source (sci.gov.in)View Judgment (PDF)

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