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Supreme Court of India 2017-04-11 allowed

Kaushik Coop. Building Society vs N. Parvathamma & Ors

Bench: 2 — Pinaki Chandra Ghose

In Brief

A cooperative building society challenged land grabbing proceedings filed against it after property disputes had been conclusively resolved in earlier court decisions. The High Court dismissed the society's writ petitions seeking to quash the proceedings. The Supreme Court reversed this decision, holding that the doctrine of res judicata barred the fresh proceedings. Once the identity and ownership of the disputed property (Survey No. 129/68 Paiki) had been finally established in prior civil proceedings, subsequent land grabbing cases claiming it was different survey land were legally barred. The Court found that all essential elements of res judicata were satisfied and both the Special Court and High Court erred in ignoring finality principles. The appeals were allowed and impugned orders set aside.

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Property Law Land Grabbing Res Judicata Civil Procedure Jurisdiction Title Dispute Statutory Interpretation

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