Supreme Court · 2009 INSC 467 · Decided 8 April 2009

Katari Suryanarayana & ORS. v. Koppisetti Subba Rao & ORS.

Court
Supreme Court of India
Citation
2009 INSC 467 · [2009] 5 S.C.R. 672
Case number
CIVIL APPEAL No. 2240/2009
Decided
8 April 2009
Bench
S.B. SINHA, MUKUNDAKAM SHARMA (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC Section 22; Constitution Article 136

Headnote

Code of Civil Procedure, 1908 - Order 22 Rule 9 - Abatement of second appeal- Dispute between parties over c their right to use a lane connecting their respective residential houses - Suit filed by respondents for grant of injunction against appellants was dismissed - Order set aside in filed second appeal, during pendency of which respondent nos.2 and 3 died - No application for their D substitution within time period prescribed under Order 22, rule 9 of CPC was filed - Appellants filed application for bringing on record the heirs and LRs of respondent nos. 2 and 3 after

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