Rajeshwary Sriskantharasa & Krishnapillai Sriskantharasa vs Selvam Vijendrakumar – CA PHC/161/2011-2018

In the case between Rajeshwary Sriskantharasa and (deceased) Krishnapillai Sriskantharasa (Appellants) and Selvam Vijendrakumar, Sutha Vijendrakumaar, and Thirunavukarasu Santhirakumar (Respondents), the court addressed whether a Primary Court could entertain a new application regarding possession of land after a previous binding order on the same subject and parties. It was held that the earlier Primary Court order (PC 28/09) remained operative and that a subsequent complaint on the same facts (PC 37) was legally impermissible. The judgment reaffirmed the principle that existing orders relating to possession must be enforced through prescribed statutory mechanisms under section 73 of the Primary Courts’ Procedure Act, rather than by initiating repetitive litigation. The decision relied on