GANGADHAR Vs. B. RAJENDRA REDDY

JUDGEMENT

(1.) Heard the learned counsel for the petitioners-defendant Nos.5 and 6 and learned counsel for the respondent No.1- plaintiff.

(2.) This revision petition is filed challenging the order dtd. 21/1/2022 passed on I.A.No.III in O.S.No.1966/2021 on the file of the IV Additional Senior Civil Judge, Bengaluru Rural District, Bengaluru, rejecting I.A.No.III filed under order 7, Rule 11(d) of CPC for rejection of plaint on the ground that suit is barred by res judicata and also later contended that the suit is also barred by limitation.

(3.) The main contention of the learned counsel for the petitioners-defendant Nos.5 and 6 before this Court is that the property was sold in the year 2005 itself and the plaintiff is also party to the said sale deed which is executed in favour of defendant No.4 by defendant Nos.1 to 3 and the fact that he is also a party to the said sale deed is narrated in the plaint. The learned counsel for the petitioners-defendant Nos.5 and 6 would vehemently contend that, one more suit was filed in O.S.No.5083/2005 claiming that he became the absolute owner of the property based on the testamentary document and the said suit was dismissed with cost of Rs.20,000.00 and an appeal was filed in R.F.A.No.46/2013 and the same was also dismissed. The learned counsel also would submit that grand- mother has also filed the suit in O.S.No.3241/1980 and when she passed away, the plaintiff as well as the mother of the plaintiff came on record as legal representatives of the grand- mother and the said suit was also dismissed in the year 1991 itself.