Whether principle of res-judicata is applicable to the facts and circumstances of this case, is the question involved herein. - Apex court held finally that in such a situation, the previous judgment in permanent injunction suit will not be a bar for declaration of title and recovery of possession.- 2015 S.C.(2008) MSKLAWREPORTS



"As a matter of fact even such an issue was not framed.  The High Court,
therefore, in our opinion posed unto itself a wrong question.  In a suit for
permanent injunction, the Court had rightly proceeded on the basis that on the
date of the institution of the suit, the first respondent was in possession of
the disputed land or not.  It was not required to enter into any other question.
It, in fact did not.
 It is one thing to say that a person is in possession of the land in
suit and it is another thing to say that he has a right to possess."

The Supreme Court held finally that in such a situation, the previous judgment
in permanent injunction suit will not be a bar for declaration of title and

recovery of possession.-2015 S.C.(2008) MSKLAWREPORTS

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

"(i) Whether  Section 6  of the Hindu Succession Act, 1956, as amended by the Amendment Act , 2005 is prospective or retrospective in operation? (ii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born prior to 17.6.1956? (iii) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies to daughters born after 17.6.1956 and prior to 9.9.2005? (iv) Whether  Section 6  of the Hindu Succession Act, 1956 as amended by the Amendment Act , 2005 applies only to daughters born after 9.9.2005? (v) Whether the decision of the Division Bench in the case of Vaishali Ganorkar is per in curium of Gandori Koteshwaramma and others?"   In addressing an argument that the Explanation to  Section 6  clearly provides that partition means any partition made by execution of a deed duly registered under the  Registration Act , 1908...
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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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