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Supreme Court of India 2026-04-09 allowed

Channappa (D) through LRS vs Parvatewwa (D) through LRS

Bench: 2 — Dipankar Datta, Augustine George Masih

In Brief

Parvatewwa challenged an adoption deed in Suit I, which was dismissed as barred by limitation. During the appeal, she filed Suit II seeking ownership and possession of the same property. Both lower courts dismissed Suit II as barred by res judicata and procedural rules prohibiting splitting of claims from the same dispute. The High Court reversed this, treating the suits as based on different causes of action. The Supreme Court reinstated the dismissal, holding that since the title dispute existed when Suit I was filed, Parvatewwa should have claimed all related reliefs then. The Court clarified that a second appeal cannot reassess facts without finding perversity in concurrent lower court judgments.

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Civil Procedure Res Judicata Order II Rule 2 Second Appeal Property Disputes Limitation of Suits Judicial Jurisdiction

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