ANASUYA Vs. PUTALABAI

JUDGEMENT

(1.) Smt. Putalabai instituted O.S. No. 61/1985 on the file of the Munsiff at Jamkhandi on 19.06.1985 to pass a decree of declaration and grant consequential reliefs in respect of 5 acres 32 guntas of land in Sy. No. 117 situated Janawad village of Jamkhandi taluk in Bagalkote district against Dundappa and Vithappa. The defendants were placed ex parte and the suit was decreed on 25.09.1985. The defendant Dundappa filed C.Misc.No.5/1986 under Order 9, Rule 13 of CPC' to set aside the stud decree. The said petition was dismissed. E.P. No. 72/1987 filed by Smt Putalibai was withdrawn on account of filing of E.P. No. 28/1996. Misc.No. 1/1987 filed by Vittappa, the other defendant, to set aside the decree dated 25.09.1985 passed in O.S.No.61/1985 was also dismissed. In E.P. No. 28/1996 satisfaction was recorded and the petition was closed on 09.01.1999.

(2.) O.S. No. 156/1999 filed by Dundappa and Vittappa to pass decree of partition and separate possession was dismissed on 25.7.2008 by the Principal Civil Judge (Sr. Dn), Jamkhandi.

(3.) The appellants instituted O.S. 174/2000 in the court of Principal Civil Judge (Jr.Dn.) at Jamkhandi, to pass a decree of declaration that the decree passed in O.S. No. 61/1985 dated 25.9.1985 is null and void and the same as having been obtained by fraud and for a declaration that they are entitled to ¼th share in the suit land and for grant of consequential reliefs. The suit was contested by defendants by filing written statement. Issues were raised with reference to the pleadings. Issue Nos. 3 to 6 were treated as preliminary issues and without conducting a trial, issue No. 3 was answered in the negative and issue Nos. 5 and 6 were answered in the affirmative. It was held that the suit is hit by doctrine of res judicata i.e. on account of judgment and decree passed in O.S. 61/1985 on 25.9.1985. R.A. No. 76/2003 filed by the plaintiffs having been dismissed on 06.12.205 by the Principal Civil Judge (Sr.Dn.), Jamkhandi, this second appeal was filed to set aside aforesaid decrees and for grant of the consequential reliefs.