BHIMAPPA Vs. YALLAPPA

JUDGEMENT

(1.) In this writ petition, the order of the Trial Court by which it has taken the view that the issue relating res judicata is to be treated as preliminary issue is called in question.

(2.) In my view, the reasoning of the Trial Court in holding that the issue relating to res judicata is to be treated as preliminary issue cannot be found fault with, especially when the judgment rendered in the earlier suit between defendants No.2 to 4 and the mother of the petitioners is not in dispute.

(3.) Learned counsel for the petitioners however submits that the petitioners would explore the possibility of making an application for amending the prayer in the plaint. Writ petition is dismissed.