• Res judicata will apply or not while filing SLP?

Dear Sir, Petitioner filed SLP in the Supreme Court against the rejection of an interim injunction passed in the high court in the year 2000.Th order passed was: At the stage when notice on these SLP was issued on 1st february 2000, we directed that status quo as to the possession should be maintained.It is now agreed that, pending the disposal of the suit, that status quo should prevail, which, in our view, is the appropriate order to pass in the circumstance of the case.The civil appeals are allowed.The order under challenge is set aside.After that, the petitioner has lost in all the Original Suits in lower courts as well as in high court. Can the petitioner again file SLP for Permanent injunction on the same case in the Supreme court ? Same parties, same property and on the same grounds.Looking for your Valuable advice.Thanks.
Asked 9 days ago in Civil Law from Tiruchirappalli, Tamil Nadu
1) petitioner can file SLP in SC against dismissal of suit .

2) interim order for maintenance of staus quo was pending hearing and final disposal of suit 

3) once suit has been decided on merits and dismissed the plaintiff can file appeal against dismissal in SC 

4) it would not be barred by res judicata 
Ajay Sethi
Advocate, Mumbai
29799 Answers
1619 Consultations

5.0 on 5.0

The petitioner can approach supreme court for this purpose. It is his right to defend his interest in the property through legal process. SLP is another due process of law for that purpose. 
T Kalaiselvan
Advocate, Vellore
19967 Answers
194 Consultations

5.0 on 5.0

How long it will take for SLP to be decided ?

It depends on the advocate in supreme court that how he takes up the matter and also on the prevailing circumstances and the burden of the court taking up this matter. 
T Kalaiselvan
Advocate, Vellore
19967 Answers
194 Consultations

5.0 on 5.0

1. res judicata will not apply in your case because the previous SLP was filed against the interim relief. not suit has decided and cause of action has changed. 

2. according to section 11 of the CPC principle of res judicata will be applicable when remedy is seek from the same party in the same capacity and out of the same cause of action. 

3. in your case parties and capacity is same but cause of action has now changed hence you can file SLP. 
 
Shivendra Pratap Singh
Advocate, Lucknow
3518 Answers
53 Consultations

4.9 on 5.0

file police complaint of criminal trespass under section 441 of IPC

2) 441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”. 
Ajay Sethi
Advocate, Mumbai
29799 Answers
1619 Consultations

5.0 on 5.0

After that if they still arrogantly move inside, you have to take the help of police by lodging a complaint under criminal trespass offences.
T Kalaiselvan
Advocate, Vellore
19967 Answers
194 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer