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april 2009

Supreme Court of India · 2009-04-01

Sundaraneedi Satyanarayana & Anr vs Arigala Venkataratnam & Ors

Court
Supreme Court of India
Petitioner
Sundaraneedi Satyanarayana & Anr
Respondent
Arigala Venkataratnam & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court erred in considering the validity of a sale deed executed after a notice demanding partition was issued by the plaintiff, as this question was not raised in the Trial Court and constituted a mixed question of fact and law. The Court emphasized that such issues cannot be introduced for the first time in a second appeal under Section 100 CPC. Consequently, the Supreme Court reversed the High Court's judgment, restoring the decree of the Lower Appellate Court.

Sundaraneedi Satyanarayana & Anr vs Arigala Venkataratnam & Ors · Niyam