https://www.taxtmi.com/caselaws?id=313274 Withdrawal of a suit without permission to bring a fresh action does not create res judicata because there is no prior adjudication on the merits, even if other proceedings were pending when the suit was withdrawn. In second appeal, factual findings on ownership of the cul-de-sac were not to be disturbed absent ignored material evidence or legal error in construing the mortgage deed. The easement claim also failed on the facts, as no actual obstruction of the ventilators and waterspouts was proved. On that basis, interference with the trial court's dismissal of the injunction claim was unwarranted. en-us Sat, 14 Apr 1928 00:00:00 +0530 Thu, 04 Apr 2024 17:00:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313274 Withdrawal of a suit without permission to bring a fresh action does not create res judicata because there is no prior adjudication on the merits, even if other proceedings were pending when the suit was withdrawn. In second appeal, factual findings on ownership of the cul-de-sac were not to be disturbed absent ignored material evidence or legal error in construing the mortgage deed. The easement claim also failed on the facts, as no actual obstruction of the ventilators and waterspouts was proved. On that basis, interference with the trial court's dismissal of the injunction claim was unwarranted. Case-Laws Indian Laws Sat, 14 Apr 1928 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313274