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april 2018

Supreme Court of India · 2018-04-25

Y.P. SUDHANVA REDDY vs THE CHAIRMAN AND MANAGING DIRECTOR KARNATAKA MILK FEDARATION ETC

Citation / case number
SC 2015/30430
Court
Supreme Court of India
Petitioner
Y.P. SUDHANVA REDDY
Respondent
THE CHAIRMAN AND MANAGING DIRECTOR KARNATAKA MILK FEDARATION ETC
Author
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Bench
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE R.K. AGRAWAL

Judgment text excerpt

The Supreme Court addressed the appeals against the Karnataka High Court's order which dismissed the appellants' Regular First Appeal and allowed the respondent's application under Order 41 Rule 27 of the Code of Civil Procedure, 1908. The Court held that the dismissal of the previous suit filed by the appellants' predecessor does not bar their current claim, as the appellants are the legal heirs and entitled to assert ownership of the suit land. The Court emphasized the importance of establishing ownership through inheritance and clarified that the principle of res judicata does not apply in this case, leading to the reversal of the High Court's decision.

Y.P. SUDHANVA REDDY vs THE CHAIRMAN AND MANAGING DIRECTOR KARNATAKA MILK FEDARATION ETC · Niyam