Supreme Court · 1976 INSC 119 · Decided 15 April 1976

Lonankutty v. Thomman & Another

Court
Supreme Court of India
Citation
1976 INSC 119 · [1976] SUPP. 1 S.C.R. 74
Case number
CIVIL APPEAL No. 1283/1973
Decided
15 April 1976
Bench
Y.V. CHANDRACHUD, V.R. KRISHNA IYER, N.L. UNTWALIA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 11

Headnote

Civil Procedure Code, s. 11, Res judicata, scope of-Co'mmon iudg111ent in cross appeals from two suits on identical questions-Second appelll from only one suit, whether barred by res judicata. Practice and procedure-Remanding judgment not appealed against, whet- her challen1reab/e in appeal from one by the respondents, claiming a prescriptive ea~ment OVeil." the appellant's land for the ingress and egress of water, -for agriculture and prawn fishing, and the other by the appellant, seeking to restrain the respondents from using his land for the above purposes. Due to the time-lag

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