B. KANYAKUMARI Vs. P. LEELAVATHAMMA AND ORS.

JUDGEMENT

(1.) The defendant filed the above writ petition against the order dated 09.03.2015 on Addl. Issue Nos. 4 and 5 made in O.S. No. 202/2014 holding that the Trial Court is having territorial jurisdiction to try the suit and suit is not barred by principles of res judicata.

(2.) The 1st respondent who is the plaintiff in the Trial Court has filed the suit for partition and separate possession in respect of the suit schedule properties contending that all the suit schedule properties are ancestral joint family properties and she is entitled for 1/5th share in the suit properties etc.,

(3.) Except the 3rd defendant, other defendants have not filed the written statement and in the written statement she has stated that the Trial Court has no territorial jurisdiction to try the suit in respect of the suit schedule properties. All the suit properties are situated at Adoni but only one property i.e. CTS No. 4647/87 situated at Manyan Timmasagar Taluka, Hubli and suit is barred by res judicata and admittedly the suit schedule properties are the joint family properties and she also admitted the genealogy made in the plaint and sought for dismissal of the suit.