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M/S Rushabh Outdoors And Anr vs The State Of Maharashtra And Anr on 19 March, 2021

12. So far as principle of res judicata is concerned Mr. Anturkar would cite the decision of Division Bench of this Court in the matter of Rushabh Outdoors and Anr. Vs. the State of Maharashtra and Anr.; Writ 16/25 ::: Uploaded on - 13/01/2022 ::: Downloaded on - 14/01/2022 08:24:42 ::: wp.4200.14.odt Petition No.227/2017 dated 19.03.2021. He would submit that as has been held by this Court, the principle of constructive res judicata has been held to be not applicable to the Writ Petitions. He would further pointed out that while reaching such a conclusion the Division Bench has relied upon the decisions of the Supreme Court in the following matters :
Bombay High Court Cites 13 - Cited by 1 - Full Document

Janardan Dagdu Khomane vs Eknath Bhiku Yadav . on 18 September, 2019

In the case of Janardan Dagdu Khomane (supra), certainly, the Trust having become owner of the property in dispute after the tillers' day on which the tenant had already become a deemed purchaser was held to be having no title. In the matter in hand, though the Trust has derived the title after the crucial date, once having concluded that the provisions of Section 32 to 32 R of the Tenancy Act were not applicable in view of the order under Section 43A(1)(b), certainly Anandibai and Chetan are not entitled to derive any benefit of this decision.
Supreme Court of India Cites 38 - Cited by 2 - I Banerjee - Full Document
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