A V NAGARAJ Vs. KANTAMMA

JUDGEMENT

(1.) This Civil Revision Petition is filed under Sec. 115 of the Code of Civil Procedure, 1908, at the hands of defendants No.19 and 9 (a) to (c) in O.S.No.4866/2010, aggrieved of the impugned order dtd. 14/8/2024 whereby the preliminary issue 'whether the suit of the plaintiff is hit by principles of res judicata' was considered and dismissed.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.

(3.) Facts in brief are that the plaintiff Smt.Kantamma filed O.S.No.4866/2010 seeking a judgment and decree in favour of the plaintiff for partition and separate possession of 1/5th share in the suit schedule properties. Written statement was filed by the defendants-petitioners herein contending inter alia that the very same plaintiff had filed O.S.No.929/1991 before the City Civil Court, Bengaluru, seeking the very same relief of partition and separate possession arraying all the other family members as defendants. The suit was instituted on 11/2/1991 and a judgment was pronounced on 17/7/2003 dismissing the suit holding that the plaintiff who pleaded that the plaint schedule properties are acquired by her grandfather Lakkanna and her father Sri Kariyappa (defendant No.1 in the suit), but the plaintiff also admitted the fact that in a family partition effected on 20/9/1959, the suit schedule properties were partitioned and shares were allotted to the grandchildren of Sri Lakkanna who are none other than defendants No.2 to 5 in the suit. Therefore, it was held that during the lifetime of the plaintiff's father viz., defendant No.1, the plaintiff has no right to seek partition.