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VIKRAMAJIT SEN, J.

1. A maze of facts and events, and a labyrinth of legal conundrums confront us in the course of the determination of this Appeal. Essentially, it is the ambit and sweep of the principle of res judicata that is at the centre of controversy. Additionally, Order II Rule 2 of the Code of Civil Procedure (“CPC” for brevity), which enshrines but another complexion of res judicata, also requires to be cogitated upon. The contention of the Appellant through its Trustees (hereafter referred to as ‘Trust’) is that the Respondents/Tenants (‘Tenants’ for brevity) of the demised property are barred by the principle of res judicata from challenging the findings of the Trial Court especially the Trust’s ownership of the demised property, since the said Tenants have filed only one appeal, i.e. arising from O.S.6/78, without assailing identical conclusions arrived at by the Trial Court in O.S.5/78 and O.S.7/78.

…………………………..………J. (ANIL R. DAVE) …………………………..………J. (VIKRAMAJIT SEN) ……………………..…………….J (PINAKI CHANDRA GHOSE) New Delhi, October 09, 2014. 

ITEM NO             COURT NO.14               SECTION XII
(1A For judgment)
               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS



GANGAI VINAYAGAR TEMPLE & ANR.                 Appellant(s)

                                VERSUS

MEENAKSHI AMMAL & ORS.                       Respondent(s)
(with office report)


Date : 09/10/2014 This appeal was called on for
pronouncement of judgment today.


For Appellant(s)     Mr. Sanjay R. Hegde,Adv.


For Respondent(s)    Mr. K. Ramamoorthy, Sr.Adv.
                        Mr. Senthil Jagadeesan, Adv.
                     Mr. V. Ramasubramanian,Adv.

Hon'ble Mr. Justice Vikramajit Sen pronounced the judgment of the Bench comprising Hon'ble Mr. Justice Anil R. Dave, His Lordship and Hon'ble Mr. Justice Pinaki Chandra Ghose.

The appeal is allowed with no order as to costs in terms of the signed judgment. 

  (USHA BHARDWAJ)                             (SAROJ SAINI)
AR-CUM-PS                        (COURT MASTER)

            Signed reportable judgment is placed on the file.
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