GOWRISHANKAR ALIAS PUTTARAJU Vs. H B BALAPPA

JUDGEMENT

(1.) I have heard learned Counsel for the parties.

(2.) THIS petition is filed wider Order 47, Rule 1 of C. P. C. to review the order passed by this Court in R. S. A. No. 201/2000 and R. S. A. No. 202/2000 dated 24. 02. 2005.

(3.) LEARNED counsel for the petitioner submitted that in O. S. No. 757/1976 the plaintiffs sought for declaration that plaintiffs are the owners of the schedule property and for a direction to the defendants to hand over vacant possession of the schedule property and other reliefs and the reliefs that is sought for in O. S. No. 88/1984 is also for declaration that the plaint are the absolute owners of the schedule property and for direction to defendants to deliver vacant possession of schedule property and directing the defendant to pay costs mid therefore the prayer for declaration sought for in respect of the same schedule property by the same plaintiff is lawful and this Court ought to have held the prayer on O. S. No. 88/84 is also hit by principles of resjudicata.