VidhiSangh

Supreme Court of India · 05/07/2023

S. NARAHARI AND ORS versus S.R. KUMAR AND ORS.

[2023] 10 S.C.R. 1010 · 2023 INSC 604

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court referred to a larger Bench whether a fresh special leave petition challenging the original judgment is maintainable after an earlier petition was withdrawn with liberty only to seek High Court review. It identified tension between decisions requiring express liberty to return and the reasoning that refusal of special leave does not attract merger. The underlying property dispute was not decided.

Issues

  1. Whether liberty to seek High Court review, without express liberty to file a fresh special leave petition, permits a subsequent challenge to the original judgment after review fails.
  2. Whether a special leave petition directed only against rejection of review is maintainable.

Provisions considered

Held

Result

Maintainability question referred to a larger Bench; papers to be placed before the Chief Justice of India. Merits of the property dispute left for an appropriate Bench after resolution of that question.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 1010.