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BISWAJIT BASU
Uttam Chand Surana – Appellant
Versus
Prabir Guha – Respondent
JUDGMENT
Biswajit Basu, J. - The instant second appeal is at the instance of the plaintiffs in a suit for permanent injunction and is directed against the judgment and decree dated april 17, 2013 passed by the 2nd Court of learned additional District Judge, alipore, District 24-Parganas (South) in Title appeal No. 127 of 2012 thereby affirming the judgment and decree dated april 17, 2012 passed by the 2nd Court of learned Civil Judge (Junior Division), alipore rejecting the plaint of the said suit being Title Suit No. 87 of 2006.
2. The plaint case of the said suit in short is thus, the plaintiffs are the owners of the four-storeyed building at premises No. 208/1a Rash Behari avenue, Kolkata-700029 and the defendants are the owners of the building at premises No. 208/1B, Rash Behari avenue, Kolkata-700029 situated at the rear portion of the building of the plaintiffs, in the eastern side of the building of the plaintiffs, there is one eight feet wide passage from north to south described under Schedule 'B' appended to the plaint which is the subject-matter of the present suit. The said passage is being used by the parties for ingress and egress to their respective buildings and they
The main legal point established is that for res judicata to apply, the subject matter of the previous suit must be identical to that of the subsequent suit, and the issue must be directly and substa....
The principle of res judicata bars re-litigation of matters already decided, confirming that the earlier judgment is binding and the current suit is not maintainable.
The judgment and decree passed by the Trial Court and the First Appellate Court were set aside as the Trial Court and the First Appellate Court erred in considering the order passed by the High Court....
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
(1) It is plaint averment that is required to be primarily considered at stage of considering application under Order VII Rule 11(d) of CPC.(2) Plea with respect to Order II Rule 2 of CPC has to be e....
Suit for title declaration barred by 3-year limitation from title denial in prior injunction suit; res judicata applies to incidental title findings; alleged possession (disbelieved earlier) does not....
Long-term use of a passage can establish prescriptive easement rights, overriding claims of exclusive ownership if not substantiated.
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