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Supreme Court of India 2018-08-10 remanded

P.K. Narayanan Raja vs Ambika and Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

A family dispute over immovable properties led to two separate civil suits between the same parties. The Trial Court dismissed a suit for declaration and permanent injunction; the First Appellate Court reversed this; and the High Court dismissed the suit again. The Supreme Court found that another pending partition suit involving overlapping family properties existed and held it would be unjust to adjudicate related family properties in two separate suits. The Court set aside all three previous judgments and permitted the parties to consolidate both suits by amending pleadings, so all disputed family properties could be decided together by the trial court uninfluenced by prior observations and strictly according to law.

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Civil Procedure Immovable Property Declaration and Injunction Consolidation of Suits Family Disputes

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