RANGARAJ Vs. P R HEMACHANDRA BABU

JUDGEMENT

(1.) THE appellants, (appellants 1 to 3 being represented by their Power of Attorney Agent), who are the defendants 1,3,4 and 9 to 13 in the suit, have preferred this appeal against the order dated 5. 3. 2007 passed in Application No. 3932 of 2006 in C. S. No. 586 of 2006 on the Original Side of this Court.

(2.) BY the said order, the learned single Judge, while dismissing Application No. 2828 of 2006 preferred by the plaintiff (the respondent herein) to stay the operation of all further proceedings, rejected the Application No. 3932 of 2006 preferred by the defendants 1,3,4 and 9 to 13 to (the appellants herein) dismiss the entirety of the proceedings in C. S. No. 586 of 2006 as being barred by "res-judicata" under Section 11 of the Code of Civil Procedure (for short, CPC), read with Section 12 CPC, as also on the ground that the suit is barred by limitation.

(3.) THE contesting respondent who was the plaintiff, preferred the suit C. S. No. 586 of 2006 on the Original Side of this Court for the judgment and decree, declaring the Will dated 8. 12. 1957 executed by the plaintiff's father P. V. Ramasamy Naidu, probated on 9. 3. 1967 in T. O. S. No. 3 of 1965 by this Court, as valid and genuine, with a further prayer for declaring that the plaintiff/executor is the owner of the property in question, after complying with the conditions stipulated in the Will by the testator and also for declaring that the defendants 9 to 13 are not entitled to the benefits to the terms and conditions as contained in the Will dated 8. 12. 1957.