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Supreme Court of India 2021-12-08 allowed

Lankappa & Ors vs Karnataka Industrial Corporation & Ors

Bench: 2 — S. Ravindra Bhat

In Brief

KIC, a company granted land by the Government, filed multiple suits seeking title and possession after its earlier suit was dismissed and that dismissal upheld through appeal to the Supreme Court. When KIC filed yet another suit for the same relief, the trial court rejected it as barred by prior judgment. The High Court set aside this rejection. The Supreme Court reversed the High Court, holding that where a question of title is conclusively decided by all courts with finality, a party cannot re-litigate the same claim in a subsequent suit, even if the prior suit was technically for injunction only. The Court affirmed the trial court's rejection as KIC was bound by the earlier definitive findings that its grant was deemed cancelled.

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Civil Procedure Res Judicata Title and Possession Code of Civil Procedure Land Law Plaint Rejection Abuse of Process

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