SHANTHAMMA @ SHANTHI Vs. ANUSUYA

JUDGEMENT

(1.) This appeal is filed by defendant Nos.1 to 3 challenging the judgment and decree dtd. 10/1/2022 passed in RA.No.92/2016 by the Court of III Additional District and Sessions Judge, Hassan, thereby the judgment and decree dtd. 12/1/2016 passed in O.S.No.9/2015 by the Court of the Senior Civil Judge and JMFC, Holenarasipura came to be set-aside and the matter was remanded to the trial Court for fresh consideration.

(2.) Parties shall be referred to as per their status before the trial Court.

(3.) The plaintiff has filed a suit for partition and separate possession claiming her 1/12th share and mesne profits in respect of the suit schedule properties by contending that the suit schedule properties are the joint family and ancestral properties. Defendant Nos.1 to 3 entered appearance and defendant No.2 filed written statement. During the pendency of the suit, defendant Nos.1 to 4 have filed an application under Sec. 11 of CPC praying for rejection of plaint. The grounds urged for rejection of plaint is that the suit filed by the plaintiff is hit by res judicata, as the prayers sought in this suit are similar to the one in O.S.No.34/1991 between the father of the plaintiff and father of defendant Nos.2 to 4 and in this regard, the trial Court has framed issue No.2 putting burden on the defendants to prove that the suit is hit by principles of res judicata.