LALITAVVA Vs. PARVATEVVA

JUDGEMENT

(1.) The present appeal is filed by the defendants being aggrieved by the order dtd. 3/1/2018 passed in R.A.No.11/2011 on the file of II Additional District Judge at Haveri (hereinafter referred to as "the First Appellate Court" for short) in and by which, the First Appellate Court while setting aside the judgment and decree dtd. 4/12/2012 passed in O.S.No.14/2011 on the file of Senior Civil Judge, Byadgi (hereinafter referred to as "the Trial Court" for short) remanded the matter to the Trial Court for fresh disposal in accordance with law on merits after providing sufficient opportunity to the parties. Being aggrieved by the same, the defendants are before this Court.

(2.) The above suit in O.S.No.14/2011 was filed by the plaintiffs for relief of partition and separate possession. The said suit came to be dismissed by the Trial Court on the issue of res-judicata holding that on an earlier occasion a original suit in O.S.No.123/2003 was filed, which was dismissed on the premise of plaintiffs not adding all the family properties for partition. The dismissal order was apparently carried up to this Court in regular second appeal in RSA.No.1579/2007 which had also confirmed the said order.

(3.) It is stated that taking into consideration of the dismissal of the earlier suit, the Trial Court in the aforesaid impugned order framed the following issues: <IMG>JUDGEMENT_437_LAWS(KAR)1_2023_1.jpg</IMG>