M. JAYANNA Vs. K M SHIVAMURTHY

JUDGEMENT

(1.) Sri K.M.Shivamurthy, the 1st respondent herein instituted a suit in O.S.No.897/2018 seeking a direction to defendants 7 and 8 (appellants herein) to allot him 1/4th share in land bearing Sy.No.10 measuring 5 acres 27 guntas situate in Kannalli Village, Yeshwanthpura Hobli, Bengaluru North Taluk.

(2.) The claim of Shivamurthy was based on the ground that he was the son of Mallappa and Mallappa had three brothers and the suit property was a coparcenary property and as a consequence, he was entitled to succeed to the share of his father Mallappa.

(3.) In the said suit, an application was filed by defendants 7 and 8 under Sec. 11 of CPC for rejecting the suit on the principles of res judicata. It was sought to be contended that one K.P.Sambashivaiah and two others had instituted a suit in O.S.No.971/2012 seeking partition and in the said suit, Shivamurthy was the 10th defendant and the Trial Court, ultimately, in the said suit had held that the suit property had already been subjected to partition and in the light of this finding, the claim of Shivamurthy would not be tenable. The Trial Court, by the impugned order, has rejected the said application and hence, the revision.