KAUSHIK COOP. BUILDING SOCIETY Vs. N.PARVATHAMMA

JUDGEMENT

(1.) Leave granted.

(2.) Present appeals have been directed against the common judgment and order dated 6th Aug., 2010 passed by the High Court of Andhra Pradesh at Hyderabad in Writ Petition Nos.11869 & 11951 of 2010, whereby the writ petitions filed by the appellants were dismissed. The High Court was of the view that "whether filing of LGC is barred by res-judicata or constructive res-judicata is a mixed question of law and fact, which can be decided only on appreciation of evidence led in to the said effect". The High Court was further of the view that the Special Court constituted under the provisions of A.P. Land Grabbing (Prohibition) Act, 1982 (for short "the Act") did not commit any error in taking cognizance of the case being Land Grabbing Case No.44/2000.

(3.) Since the present appeals, by special leave, have been filed assailing the same common judgment, they were heard together and are being disposed of by this common judgment. For the sake of convenience, Civil Appeal arising out of Special Leave Petition (Civil) No.26925 of 2010 is taken as the main appeal. It is imperative to record brief facts for the disposal of this case, which are as follows: