Chandan Tyagi (Advocate ) 27 March 2018

Resjudicata applicability

Hello respected members, I have one case in fast track court. Initially we won at lower court, upper court (DJ level). Instead of going to high court, other party filled a fresh case in lower court with the same case, same matter. We applied for resjudicata in district court and got approval on resjudicata. But the fast track court is not ready to accept the order of resjudicata and close the case. Please suggest : can we apply in highcourt for implementation of resjudicata order in fast track or any other way out in this case so that we can close the court.

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4 Replies

Sarika Bhure(Mahajan) (legal practioner) 27 March 2018

hello Mr Chandan

the facts you have provided and incomplete. please provide detials such as

1 what was your case in brief?

2 on what ground the other party has filed the case ? (the details.)

thank you.

Chandan Tyagi (Advocate ) 27 March 2018

Hi mam,

This case is related to a sale of land.Father sold land but son is saying that my father didn't soldlower court, complete part of land.

I have lower court and higher court decree.

instead of going to highcourt, they filled fresh case with their younger brother, rest all the matter is same.

We appealed to district judge that all the criterias are met of resjudicata. Hence DJ Court accepted our request and granted resjudicata decree.

But now lower ourt is not taking the decree.

KISHAN DUTT KALASKAR (Advocate) 29 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

With regards,

Legal Expert

Chandan Tyagi (Advocate ) 29 May 2018

Hi sir,

I have sent you an email with attached court orders i.e initial order followed by senior court and our revision application accepted order in ADJ court.

Please review them and let us know if you need anything else.