Ravsaheb Namdev Fatangare vs Janabai Kaluram Gholap Through Her Lrs ...
2024 Latest Caselaw 3443 Bom

Bombay High Court

Ravsaheb Namdev Fatangare vs Janabai Kaluram Gholap Through Her Lrs ... on 5 February, 2024

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                    18 WRIT PETITION NO. 1416 OF 2024

                        Ravsaheb Namdev Fatangare
                                    VERSUS
     Janabai Kaluram Gholap Through Her Lrs Rajaram Kaluram Gholap And
                                     Others
                                       ...
              Advocate for the Petitioner : Mr. Kulkarni Sanket S.
                                       ...

                         CORAM    : ARUN R. PEDNEKER, J.

                     Dated        : February 05, 2024

PER COURT :-

1. Mr. Sanket Kulkarni, learned counsel for the petitioner submits that the principal of res-judicata applies at various stages of proceedings. He placed reliance on the para 4 of the judgment of the Hon'ble Supreme Court decided on 23.8.1976 in Civil Appeal No. 1298/1968 between Y.B. Patil Vs. Y.L. Patil (reported as (1976) 4 SCC 66 and para 9 of the judgment of the Hon'ble Supreme Court in the case of S. Ramchandra Rao Vs. S. Nagabhushana Rao and Ors. reported as AIR 2022 SC 5317.

2. He submits that the earlier application to bring the legal heirs of deceased plaintiff was already rejected and after five years the fresh application filed to bring the legal heirs of deceased plaintiff on record came to be allowed by the learned Civil Judge, senior Division, Kopargaon in Regular Civil Suit No. 302/2014 vide order dated 21.12.2023 below Exhs. 134, 136 and 138.

3. Issue notice to the respondents, returnable on 18.3.2024.

4. Until the next date, the impugned orders dated 21.12.2023 below Exhs. 134, 136 and 138 passed by the learned Civil Judge, Senior Division, Kopargaon are stayed.

( ARUN R. PEDNEKER, J. )

ssc/