“In Kunhayammed, (2000) 6 SCC 359 this Court held:
“The logic underlying Doctrine of Merger is that there cannot be more than one Decree or Operative Orders governing the same subject-matter at a given point of time. Doctrine of Merger is not of universal or unlimited application.”
This position of law has been recently affirmed and reiterated by a Three-Judge Bench in Khoday Distilleries Ltd., (2019) 4 SCC 376 . Kunhayammed was followed by a Three-Judge Bench in Chandi Prasad, (2004) 8 SCC 724. More recently, Chandi Prasad was followed by a Two-Judge Bench in Shanthi v. T.D. Vishwanathan, [Civil Appeal No. 10442 of 2011].”
– Hon’ble Justice Dr. D.Y. Chandrachud, Surinder Pal Soni v. Sohan Lal (D), [Civil Appeal No. 5360 of 2019].