BHIMAPPA Vs. MANAPPA AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No. 590/2002 on the file of First Addl. Civil Judge (Jr. Dn.), Dharwad, has come up in this second appeal impugning the divergent finding rendered by the lower appellate Court in R.A. No. 69/2005 and 73/2005 on the file of First Additional Civil Judge (Senior Division), Dharwad.

(2.) THE brief facts leading to this appeal are as under:

(3.) IN the written statement of defendant Nos. 1 to 4 they also took up a contention that earlier in the year 1989 there was an attempt on the part of the present plaintiff in trying to encroach into the properties of the defendants, namely, G.P. No. 61/1 and 61/2, which necessitated to them to file a suit for declaration and permanent injunction against the present plaintiff with reference to the suit schedule item No. 211. The said suit came to be decreed in favour of defendant Nos. 1 to 4, who are plaintiffs in O.S. No. 51/1989 and in the said suit also there was an order of injunction against the present plaintiff, who is defendant in the said suit. Therefore, in the present suit in the guise of showing four properties he is reagitating the dispute with reference to the difference between the parties in respect of the suit schedule item No. 1 and the properties of defendant Nos. 1 to 4, namely, G.P. No. 61/1 and 61/2, is sought to be reagitated in this proceedings. Therefore, the present suit is hit by the principles of res judicata.