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2011 Supreme(Ker) 812

PIUS C.KURIAKOSE, T.R.RAMACHANDRAN NAIR, P.S.GOPINATHAN
Raman Gopi – Appellant
Versus
Kunju Raman Uthaman – Respondent


Appearing Advocates:
For the Petitioners:S. Sreekumar, P. Martin Jose, S. Vaidyanathan, Advocates.
For the Respondents:Sri. Subhash Cyriac, Advocate.

Judgment :-

Ramachandran Nair, J.

The case has come up before the Full Bench as per Reference Order of the Division Bench dated 21.5.2010. The learned Single Judge referred the matter as per Reference Order dated 10.7.2009. The question referred before the Full Bench for its opinion, is the following:

“Where the judgments of the Supreme Court rendered by coequal benches express conflicting principles of law, which cannot stand together and, thus, present a serious problem to the High Courts and Subordinate Courts, what are the principles to be followed in choosing one or other of the conflicting judgments by the High Court when in a case the applicability of the conflicting decisions rendered by the apex court has decisive impact in its disposal.”

2. The factual matrix is in a narrow compass. The Civil Revision Petition is filed by the judgment debtors in E.P.No.14/2005 in O.S.No.184/1986 of the Munsiff’s Court, Punalur. The suit was one for declaration of title of the plaintiffs over the plaint schedule property measuring 30 cents in Sy.No.962/1/2/6,1 of Kulathupuzha Village and for recovery of possession with mesne profits. The same was decreed on 14.2.1990. The defendants filed




















































































































































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