AASHU DEWANGON Vs. CHANDRAMUKHI BAI

JUDGEMENT

(1.) Heard on admission and formulation of substantial question of law for determination in the second appeal preferred by the appellants / defendants No.3(a) and 3(b).

(2.) Mr. Vaibhav A. Goverdhan, learned counsel appearing for the appellants / defendants No.3(a) and 3(b), would submit that the first appellate Court is absolutely unjustified in confirming the decree for declaration of title and permanent injunction granted in favour of the plaintiff(s) after having held that the suit filed by the plaintiff was barred by res judicata, as the earlier civil suit filed by Rajaram - original defendant No.1 herein bearing Civil Suit No.202-A/1979 for declaration of title, permanent injunction and damages against Lalita Bai - original plaintiff herein, was dismissed by the trial Court on 3-12-1979, upheld by the first appellate Court on 4-9-1980 and second appeal was also dismissed by the High Court of Madhya Pradesh on 5-8-1986 vide Ex.P-1, therefore, the first appellate Court ought to have set-aside the decree of the trial Court and the suit ought to have been dismissed. As such, this second appeal involves substantial question of law for determination and thus, the appeal be admitted for hearing by formulating substantial question of law.

(3.) I have considered the submission of learned counsel for the appellants herein / defendants No.3(a) and 3(b) and went through the record with utmost circumspection.