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Chandan Tyagi (Advocate )     21 September 2016

Res judicata case

Hi All,

I have a query. Please check picture of plot and then family tree for better clarification

My grand father (ramesh) purchased a plot in 1970 from his cousin (babu) for rs7000. everything was going fine till 2009. Both ramesh and babu are died now.

Now son of babu (named naveen) is saying to my father (sunil) that my father have not sold 5 feet from the plot. In registry it is clearly mentioned that (saampurn bhag/ complete land) is sold.

Now my father challanged in court naveen along with raju. other parties were (harish, satish, vikram).

court decided in our favour. Now naveen challanged decisionin higher court. again same decision. Instead of going to highcourt, naveen again started a fresh case using his brother name ie. pappu.

Now we challanged this case to higher court that the same case have already been decided and hence it should be disposed off as per "Res Judicata". Senior court agreed to our point.

But now the junior court is not disposing off the case and saying that the decision of senior court of ADJ in res judicata is not valid here.

 

What can we do in this case. Please suggest



Learning

 1 Replies

G.L.N. Prasad (Retired employee.)     22 September 2016

When the mattere is in court, and when a competent advocate is well versed with facts, it is not proper to deal in the issue.

There are exemptions for resjudicata issue also and it all depends on just disposing the case, it depends on prayers sought earlier, the reasons for dismissal etc.,

You can file IA to frame the resjudicata as primary issue before going into main case.


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