MARY PUSHPAM Vs. TELVI CURUSUMARY

JUDGEMENT

(1.) The rule of 'Judicial Discipline and Propriety' and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions. The Constitution benches of this court have time and again reiterated the rules emerging from Judicial Discipline. Accordingly, when a decision of a coordinate Bench of same High court is brought to the notice of the bench, it is to be respected and is binding subject to right of the bench of such co-equal quorum to take a different view and refer the question to a larger bench. It is the only course of action open to a bench of co-equal strength, when faced with the previous decision taken by a bench with same strength.

(2.) The plaintiff is in appeal assailing the correctness of the judgment and order dtd. 21/7/2009 passed by the Madurai Bench of Madras High Court, whereby, the Second Appeal filed by the defendant-respondent was allowed, the judgment and decree passed by the Sub-Judge, Padmanabhapuram dtd. 13/10/2003 was set aside and that of the Trial Court dtd. 30/6/1997 was restored and confirmed.

(3.) The appellant instituted a civil suit for declaration of title, possession and permanent injunction against the respondents which was registered as OS No. 308 of 1995 in the Court of District Munsiff-cum-Judicial Magistrate at Eraniel. The basis for filing the suit was that earlier in 1976, the respondents had filed a suit for ejectment of the appellant which was registered as OS No. 70 of 1976. The said suit was dismissed, First Appeal was dismissed and the Second Appeal was also dismissed by the High Court, vide judgment dtd. 30/3/1990. The same became final as it was not carried any further.