IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 26TH NOVEMBER 2010 / 5TH AGRAHAYANA 1932 RSA.No. 477 of 2003(F) ---------------------- AS.37/1994 of ADDL.SUB COURT,ATTINGAL OS.146/1991 of MUNSIFF COURT,ATTINGAL .................... APPELLANT: [PLAINTIFF - APPELLANT]: -------------------- SULOCHANA PETER, D/O.KOCHU GANGADHARAN, PUNCHAYANVILAKATHU VEEDU, KULATHOO, ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT, NOW RESIDING AT POST BOX NO.1832, RUWI, POSTAL CODE 112, SULTANATE OF OMAN. BY ADV. SMT.K.KUSUMAM SRI.R.RAJESH KORMATH SRI.ANISH S.AMBADY SMT.BIJIMOL JOSE SMT.SANJANA R.NAIR RESPONDENTS: [DEFENDANTS - RESPONDENTS] --------------- 1.CHELLAMMA SWARNAMMA,D/O.CHELLAMMA, PUTHANVILAKATHU VEEDU, KIZHUVILAM DESOM AND VILLAGE, P.O.KIZHUVILAM, THIRUVANANTHAPURAM DISTRICT. 2.SWARNAMMA LATHIKA,D/O.SWARNAMMA, PUTHANVILAKATHU VEEDU, KIZHUVILAM DESOM AND VILLAGE, P.O.KIZHUVILAM, THIRUVANANTHAPURAM DISTRICT. 3.SATHEESAN,S/O.SWARNAMMA, PUTHANVILAKATHU VEEDU, KIZHUVILAM DESOM AND VILLAGE, P.O.KIZHUVILAM, THIRUVANANTHAPURAM DISTRICT. 4.SIDHARATHAN,S/O.SWARNAMMA, PUTHANVILAKATHU VEEDU, KIZHUVILAM DESOM AND VILLAGE, P.O.KIZHUVILAM, THIRUVANANTHAPURAM DISTRICT. ADV. SRI.K.P.SREEKUMAR FOR R1 & R2 SRI.P.M.SATHEESH FOR R1 & R2 THIS REGULAR SECOND APPEAL HAVING BEEN FINALLY HEARD ON 08/10/2010, THE COURT ON THE 26/11/2010 DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- R.S.A.NO.477 OF 2003 ----------------------------------- Dated this the 26th day of November, 2010 J U D G M E N T Plaintiff in a suit for injunction, who had been worsted in both the courts below, has preferred this appeal. Her suit was tried jointly with another suit, in which, declaration of title and partition was claimed by the plaintiff therein. Subject matter covered by the suit for injunction, having an extent of 10 cents of land, formed part of the property involved in the suit for declaration and partition, in which suit, the present appellant had got herself impleaded as an additional defendant as well. After joint trial, the suit of the plaintiff was dismissed, and the other suit was decreed. Plaintiff preferred an appeal only against the suit filed by her for injunction and not against the decision in the other suit, which had been challenged by some other defendants who had taken contentions conflicting with that of the present appellant. But the lower appellate court had dismissed both the appeals confirming the decrees passed by the R.S.A.NO.477/2003 2 trial court in the two suits. Concurrent decision rendered in her suit for injunction negativing her claim is challenged in this appeal. 2. The appeal being admitted, notice was ordered to the respondents and service against them is awaited. The appellant had filed another second appeal impeaching the concurrent decision in the other suit jointly tried with the suit for injunction with a petition to condone delay. That appeal, after condonation of delay, had been rejected. In view of the rejection of that appeal which arose from the suit jointly tried with the suit of the plaintiff and disposed by a common judgment by the trial court, and later, in appeal by the lower appellate court as well, the issues decided in such suit have been sealed with finality, and thus, it is not open to the appellant to impeach the correctness of such findings in the decision rendered in the jointly tried suits in the appeal preferred against one of such suits. So much so, further prosecution of this appeal challenging the decision of the court below, which has attained finality, is a futile exercise, and in fact, the bar of res judicata applies with full force precluding R.S.A.NO.477/2003 3 the prosecution of the appeal impeaching the correctness of the decision rendered in her suit for injunction. The appeal is found to be barred, and liable to be dismissed in view of the finality of the decision rendered under the common judgment in the connected suit. Appeal is dismissed. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. ------------------------------- R.S.A.NO.477 OF 2003 ----------------------------------- J U D G M E N T 26th day of November, 2010 R.S.A.NO.477/2003 5