BYATHAIAH Vs. PENTAIAH

JUDGEMENT

(1.) The appellants who are the original plaintiffs have brought in challenge on the grant of leave to appeal under Article 136 of the Constitution of india, a decision of the High Court in second appeal dismissing the same on the ground that in earlier litigation between the parties, the matter was finally concluded.

(2.) In order to appreciate the grievance of the appellants-original plaintiffs it is necessary to note a. few background facts.

(3.) It is the case of the appellants-plaintiffs that they and Defendant Nos. 4 and 5 were members of the joint family and according to them even though the minor plaintiffs had interest in the suit properties. Their father and uncle who are the vendors had executed the documents, had transferred joint family properties in favour of alienees and those transactions were not binding on the appellants-plaintiffs. The trial court decreed the suit. However, the first appellate court reversed the said decision and that resulted into the second appeal before the High Court. The impugned judgment of the High Court reads as under :