LAKSHMIDEVAMMA Vs. K CHINNAREDDY

JUDGEMENT

(1.) HEARD the learned Advocates appearing for both the parties.

(2.) THE petitioner who is a plaintiff in O. S. No. 310 of 1996 on the file of the Additional Civil Judge (Junior Division), Pavagada, filed an application numbered as I. A. 14 under Order 26, Rule 9 of the CPC for appointment of a Surveyor as Court Commissioner to measure the land of the plaintiff and defendants. That application was dismissed by order dated 7-6-2001 on the ground that similar application I. A. 7 was dismissed on 2-11-1996 and it has become final and conclusive and operates as res judicata. Being aggrieved by that order, the petitioner is before this Court.

(3.) THE learned Counsel for the petitioner submitted that the dismissal order of interlocutory application would not operate as res judicata and in support of this argument he has placed reliance on several decisions rendered by: