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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 society sought to quash a land-grabbing case filed in Special Court after three similar cases against it had been previously dismissed by the High Court, all confirming the society's ownership of property in Survey No. 129/68. The new case again disputed the property's survey number, asking the Court to adjudicate identical land identity issues. The Supreme Court held that the doctrine of res judicata applies to all litigation. Since the property's identity and ownership had been finally determined in prior proceedings meeting all res judicata conditions, the Special Court lacked jurisdiction. The Court set aside both the High Court and Special Court orders, quashing the new case and affirming that finality should be given to prior decisions to prevent vexation over the same matter.

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Civil Procedure Property Law Res Judicata Land Grabbing Jurisdiction

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