Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
MA.1529/2018 IN/AND C.A. NO(S). 3503/2008
KHAJAN SINGH (D) THR. LRS. APPLICANT(S)/
APPELLANT(S)
VERSUS
BANKEY (DEAD) BY LRS. & ORS. RESPONDENT(S)
J U D G M E N T
KURIAN, J.
1. Application for restoration is allowed and the
appeal is restored to its original number.
2. Civil Appeal is taken on Board.
3. The High Court has rendered a clear finding that
the suit filed by the appellant was barred by res
judicata. The wife of the appellant had already
filed a suit claiming inheritance and lost.
Thereafter, the appellant filed the suit claiming
adverse possession.
4. Despite the strenuous arguments advanced by the
learned counsel for the appellants, we do not find
any ground at all to interfere with the findings,
which was also the finding rendered by the First
Appellate Court. The appeal is hence dismissed.
5. Though this was a case where exemplary costs
should have been awarded, having protracted a
frivolous litigation for around four decades, in view
Signature Not Verified
of the persuasive arguments made by the learned
Digitally signed by
NARENDRA PRASAD
Date: 2018.07.28
12:16:57 IST
Reason:
counsel for appellants, we reluctantly refrain from
doing so.
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6. Pending applications, if any, shall stand
disposed of.
7. There shall be no orders as to costs.
.......................J.
[KURIAN JOSEPH]
.......................J.
[SANJAY KISHAN KAUL]
NEW DELHI;
JULY 25, 2018.
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