SUNANDA KOM VITTAL PAI Vs. MUKUND SRINIVAS SHANBHAT

JUDGEMENT

(1.) This appeal is presented by the appellant under Section 299 of the Indian Succession Act, read with Section 18 of the Karnataka Civil Courts Act, 1964, against the order of the District Judge, Karwar, dismissing the application presented by the appellant under Section 276 of the Indian Succession Act.

(2.) The facts of the case, in brief are these : The appellant had earlier filed Original Suit No. 46 of 1969 before the Court of Munsiff, Kumta, praying for a declaration that she had become of the owner of certain immoveable properties and the respondent had no right or interest in the said property. The claim was based upon a will said to have been executed by Bhikki Bhagirathi the grand mother of the appellant. The suit was decreed and the judgment and decree of the Munsiff was confirmed by Civil Judge, Karwar in R.A. No. 178 of 1972. Aggrieved by the said judgment and decree, the respondent had preferred R.S.A. No. 224 of 1975 before this Court. That second appeal was allowed by this Court on 8-11-1978. This Court recorded a finding that the will was not proved in accordance with law and the finding of the Courts below to the effect that the will had been proved was erroneous. Accordingly, the second appeal was allowed and the suit of the appellant was dismissed.

(3.) Thereafter the appellant filed an application under Section 276 of the Indian Succession Act before the District Judge, Karwar for grant of letters of administration in respect of the same will on the basis of which the earlier suit was filed. The respondent entered caveat and consequently, it was registered as a suit. On consideration of the evidence adduced by the appellant the District Judge recorded a finding to the effect that the will was proved in accordance with law. However, he dismissed the application on the ground that The application was barred by res- judicata. Aggrieved by the said order, the appellant presented this appeal.