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.