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G. NARENDAR, KIRANMAYEE MANDAVA
N. Ananthaiah, S/o. N. Gangaiah – Appellant
Versus
Govt of A. P. , Rep. by its Commissioner of Collegiate Education, Mangalagiri – Respondent
JUDGMENT :
G. Narendar, J.
1. We have heard the party-in-person and the learned Government Pleader.
2. The case facts shock us. The issue was considered by the Division Bench in the year 2006 in Writ Appeal No.1403 of 2003, which came to be disposed of on 22.08.2006 and which order of the Division Bench thereafter came to be affirmed by the Hon'ble Apex Court by its order, dated 21.04.2007 whereby, the Hon'ble Apex Court was pleased to reject the Civil Appeal Nos.121 & 123 of 2007. We failed to understand as to how the learned Single Judge in W.P.No.1831 of 2008 and the Division Bench in Writ Appeal No.516 of 2012 exercised jurisdiction after the "issue of eligibility" had attained finality at the hands of the Coordinate Bench vide judgment dated 22.08.2006 and thereafter also affirmed by the Hon'ble Apex Court by its judgment dated 21.04.2007.
3. In our opinion, the learned Single Judge and the Division Bench could not have sat in judgment over the finding rendered in by the earlier Coordinate Bench being a bench of equal strength. The subsequent Division Bench could not have exercised appellate jurisdiction over the orders of the Coordinate bench dated 22.08.2006. More so, in the lig
The doctrine of res judicata bars re-litigation of issues that have been conclusively determined, ensuring judicial finality and preventing abuse of court processes.
The right to seek partition is inherent and continuous for co-owners; prior dismissal of a partition suit does not bar subsequent suits, provided the parties are different.
Dismissal of a suit for a technical or formal defect or for non-compliance with a condition precedent does not constitute a bar to a subsequent suit.
The principle of constructive res judicata bars re-litigation of claims that could have been addressed in prior proceedings, establishing finality in judicial decisions.
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