Anil S/O Mahadeo Nagulkar And Others v. Nagpur Improvement Trust, Nagpur, Thr. Chairman And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MCA NO.1026/2017 IN WRIT PETITION NO.2412 OF 1993 Anil Mahadeo Nagulkar and others vs.

Nagpur Improvement Trust and others .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri A.S.Mardikar, Senior Advocate assisted by Shri S.G.Joshi, Advocate for the applicants.

Shri R.O.Chabra, Advocate for Respondent no.1.

CORAM : R.K. DESHPANDE & MRS. SWAPNA JOSHI, JJ.

DATED : 28.02.2020.

Inviting our attention to para 3 of the decision of this Court, it is urged that the order passed under Section 68 (2) of the Nagpur Improvement Trust Act, 1936 ( "the Act" for short) was never made the subject matter of challenge in Regular Civil Suit No.1608/1982 and, therefore, there is an error apparent on the face of record, while dismissing the petition on the ground that it is the barred by the principles of res judicata. Our attention is also invited to the said suit. We have gone through it.

2.

Undisputedly, the order under Section 68(2) of the said Act was passed in the year 1972 and it could

have been easily made the subject matter of challenge in the said Civil Suit. The principle of constructive res judicata is obviously attracted in the present case.

3.

In view of the above, we do not find any substance in the application. It is dismissed.

JUDGE JUDGE Ambulkar