Vishnu Shantaram Kargaonkar v. Bhikaji Laxman Chedavankar
Case brief
What is this about?
Second appeal admitted on substantial questions of law concerning whether res judicata under Section 11 CPC bars a plaintiff's suit when a similar suit by his brother was earlier decided. Notice issued to respondents, appeal listed for final hearing.
What the court decided
Neeta Sawant 15-SA-138-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 138 OF 2024
Vishnu Shantaram Kargaonkar } ...Appellant V/s. Bhikajio Laxman Chedavankar } ...Respondent
Ms. Anima Mishra with Mr. Anuj Singh, Ms. Kajal Upadhyay, Mr. Nagesh i/by. Mr. S.T. Pandey, for the Appellant.
CORAM : SANDEEP V. MARNE, J. Dated : 13 March 2024.
P.C. :
- Heard learned counsel for the Appellant.
- The Second Appeal is admitted on following substantial
questions of law :
(i) Whether the suit fled by the Plaintiffs brother would be covered by the expression “between the parties under whom they or any of them claim”, within the meaning of Section 11 of the Code of Civil Procedure ?
Issues for consideration
2 issues framed by the court
Whether a prior suit by the plaintiff's brother falls within 'between the parties under whom they or any of them claim' under Section 11 CPC?
Whether the plaintiff's suit is barred by res judicata because his brother's suit seeking the same relief was previously decided?
Parties & counsel
- appellant
Vishnu Shantaram Kargaonkar
- respondent
Bhikajio Laxman Chedavankar
Coram
Sandeep V. Marne
Case details
As recorded by the court registry
All orders in this case
6 orders share this CNR
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