ASHOK VADHER Vs. JAYSHREE SURESH PANDYA

JUDGEMENT

(1.) The Appeal is at the instance of the original Plaintiff being aggrieved by the order dtd. 18/7/2025 passed by City Civil Court for Greater Mumbai at Dindoshi, Borivali division, Mumbai in S.C. Suit No. 2052 of 2018 dismissing the suit on the preliminary issue of being barred by principle of res judicata.

(2.) S.C. Suit No. 2052 of 2018 was instituted seeking declaration that the Plaintiff is the sole and exclusive owner of the suit flat and that name of Defendant No. 1 is incorporated illegally and fraudulently and for direction to Defendant No. 1 to execute necessary document to remove her name from Agreement for sale in respect of the suit flat.

(3.) The Trial Court framed the preliminary issue below Exhibit-1 as under :