IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
BINOD KUMAR DWIVEDI
State of Madhya Pradesh – Appellant
Versus
Gandhinagar Grah Nirman Sahakari Sanstha – Respondent
JUDGMENT :
BINOD KUMAR DWIVEDI, J.
1. Having regard to the similitude of controversy involved, commonality of disputed lands and parties, these second appeals are being disposed of by this common order.
2. Appellant State of Madhya Pradesh and others and Bhagwan Bahubali Digamber Trust (For short hereinafter will referred as ‘Trust’) have filed these appeals against the Judgment and Decree dated 16-10-2019 passed by the Learned XXVIIth Additional District Judge Indore in Civil Regular Appeal No. 240/2017, whereby the Judgment and Decree passed by the Trial Court dismissing the Civil suit No 109-A/2016 (Earlier No 114-A/1986) filed by the Respondent No.1 Shri Gandhi Nagar Grih Nirman Sahakari Sanstha (for short hereinafter will be referred as ‘Society’) was reversed and suit filed by the Society was Decreed.
3. Facts in brief as having emerged from pleadings of the parties are that the Plaintiff/Respondent Society is a Co-operative housing society registered under the Madhya Pradesh Co-operative societies Act, 1960, filed Civil suit No 114-A/1986 on 26-08-1986 for the relief of declaration of their title, possession, mesne profits and permanent injunction in respect of suit land agains
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Appellate courts must respect trial court findings unless there is a substantial question of law or a material irregularity; mere disagreements on facts are insufficient for overturning decisions.
The settlement order, revenue records, and lack of evidence supporting adverse possession claims were crucial in establishing the plaintiffs' continuous possession and defeating the defendants' claim....
Concurrent findings of fact by the Trial Court and First Appellate Court are binding and cannot be interfered with under Section 100 of the CPC.
The principle of res judicata applies where previous judgments on the same issue bind parties, regardless of claims involving part of the land. Judicial findings must reflect conscious application to....
The right to withdraw a suit at the appellate stage is not absolute; it depends on the crystallized rights established by the court's earlier judgments.
The main legal point established in the judgment is that delay and laches in approaching the Court can lead to the dismissal of a writ petition, especially in cases where possession of the land has b....
Points of Law : Three principles of res judicata as between co-defendants were delineated as: (1) There must be a conflict of interest between the defendants; (2) it must be necessary to decide this ....
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