In this writ petition, the High Court found no interference necessary with the orders of the lower courts rejecting the application for framing the issue of res judicata as a preliminary issue.
The writ petition was disposed of with a direction to the Trial Court to frame the issue of res judicata.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 413 OF 2013
MR. ROQUE FERNANDES AND 10 ORS. ... Petitioners Versus MRS. ROSY FERNANDES AND 25 ORS. ... Respondents
... Respondents
Shri Valmiki Menezes, Advocate for the Petitioners.
Coram:R. M. SAVANT, J.
Date:7th October, 2013
P.C.:
The application for framing the issue of res judicata as a preliminary issue which has been rejected by the Trial Court by order dated 31/07/2010 and confirmed by the Lower Appellate Court by order dated 17/01/2013 is taken exception to by way of the above petition.
R. M. SAVANT, J.
NH
2 issues framed by the court
Whether the order of the Trial Court rejecting the application for framing the issue of res judicata as a preliminary issue was correct.
Whether the High Court should have interfered with the lower courts' order in the writ petition.
MR. ROQUE FERNANDES AND 10 ORS.
MRS. ROSY FERNANDES AND 25 ORS.
R. M. SAVANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
