Authority: Supreme Court of India

Order Date: 18 September 2025

Case Overview

  • Parties: Appellant – Atiya Talath (through LRS); Respondent – Salar Jung Museum.
  • Nature of Proceeding: Civil appeal (No.1931/2016) against the judgment of the High Court of Andhra Pradesh in Second Appeal No. 939 of 2002 dated 18.08.2011.
  • Background: The appellant filed a suit for perpetual injunction to restrain the respondent from interfering with his property. The Trial Court dismissed the suit on 21.12.2000. The appellant’s first appeal was dismissed on 30.09.2002. A second appeal was also dismissed by the High Court, which is the order impugned before this Court.
  • Legal Question: Whether the concurrent findings of fact by the Trial Court and the Appellate Court raised a substantial question of law warranting the High Court’s intervention under Section 100 of the Civil Procedure Code, 1908.
  • Court’s Reasoning: The Court held that the findings of fact were concurrent and did not give rise to any substantial question of law. Consequently, the High Court was justified in exercising its jurisdiction under Section 100 CPC and in dismissing the second appeal.

Final Outcome

  • The Civil Appeal No.1931/2016 is dismissed.
  • Any pending applications, if any, are ordered disposed of.
  • The appellant is at liberty to adopt any other permissible legal remedies, which will be considered on their own merits.

Topics: Legal Dispute, Civil Procedure, Injunction