res judicata

Querist : Anonymous (Querist) 17 May 2011 This query is : Resolved
Sir,
In a suit to set aside a court auction sale by an agreement holder the High Court held,
1. The agreement holder has rights to file application to set aside the sale.
2. The sale agreement entered into when the suit to enforce a mortgage will not be hit by lis pendence
3. The deposit made to set aside the court sale within 60 days is correct.
On appeal leave was granted by the supreme court only on the issue of the time limit to deposit...
Will the issues framed in point no 1 & 2 become res judicata?

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M/s. Y-not legal services (Expert) 17 May 2011
Issues framing can't be treated as res judicata.

Kiran Kumar (Expert) 17 May 2011
your query is still unclear.

what is the status of suit now? Whether it has been decided on merits or the matter went upto SC due to some interim application?

the question is that of final adjudication of issues involved in a suit.

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