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Doctrine of Merger – Common law doctrine – There cannot be at the same time more than one operative order for same subject matter.

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Doctrine of Merger – Common law doctrine – Maintenance of the decorum of hierarchy of Courts, Judicial discipline and Propriety – There cannot be at the same time more than one operative order for same subject matter.

Respondents filed suit OS No.70 of 1976 for ejectment of the appellant. The said suit was dismissed.   The first appeal was dismissed.  Second Appeal was also dismissed by the High Court on 30.03.1990.   This had become final.   The respondents never sought any clarification on the findings or observations.

The appellant filed suit OS No.308 of 1995 for declaration of title, possession and permanent injunction, since the respondents were trying to interfere with the possession.

The respondents contested the suit that they had purchased 8 cents of land by sale-deed dated 13.3.1974 in respect of open piece of land, the suit of 1976 was in respect of constructions raised by the appellant and not with respect of 8 cents of land.

One of the issues in 1995 suit was if the earlier judgment of 1990 of the High Court was in respect of 8 cents of the property or only pertained to the house in a portion of the land in dispute.

The trial Court decreed the suit on 30.6.1997.   It was modified by the Sub-Judge on 13.10.2003 and held that the trial Court had no business to interpret the judgment of 1990.  The High Court allowed the second appeal on 21.7.2009 and restored the decree of the trial Court.

HELD that the judgment of the trial Court and the first Appeal Court in the first round of litigation merged with 1990 judgment of the High Court.

Judgment dated 3.1.2024 in Civil Appeal No.9941 of 2016 of Mary Pushpam Vs. Telvi Curusumary and others

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