VISHNU Vs. INDUBAI W/O VASANT AVALEKAR

JUDGEMENT

(1.) Present petition has been filed by the defendants petitioners challenging the order passed on issue No.5 by the Additional Civil Judge and J.M.F.C., Athani in O.S. No.375/2005 dated 29.06.2013.

(2.) I have heard the learned counsel for the parties.

(3.) Brief case of the respondent is that respondent filed O.S. No.375/2005 before the Additional Civil Judge and J.M.F.C., Athani for declaration and injunction in respect of the suit property and the respondents have filed written statement contending that earlier O.S. No.51/1992 has been filed before the Munsiff Court, Athani and the said case came to be dismissed for default on 11.02.2004 in respect of the same property on same relief. The suit is not maintainable, as per Section 12 of the CPC.