MUNAKKAYALA KONDA REDDY Vs. THALLAM VENKATA REDDY

JUDGEMENT

(1.) A learned single Judge of this Court by an order dated 3-8-2001 has referred the matter - whether the question of res judicata is bar to the suit created by any law for the time being in force within the meaning of Order 14 Rule 2 (2) (b) of the Code of Civil Procedure, 1908 (for short 'the Code'). FACTS:

(2.) The plaintiff-opposite party filed the suit for injunction. It was contended that earlier, Original Suit No.655 of 1980 was filed by the vendors of the defendants- petitioners herein on the file of the Munsif Magistrate, Rajampet for declaration of title and injunction for the self-same property. When the suit was dismissed, an appeal - being A.S.No.40 of 1985, was preferred thereagainst which was allowed by an order dated 28-7-1986. Assailing the same, second appeal was filed before this Court which was marked as S. A. No.58 of 1987 and the same was dismissed on 31-8-1998.

(3.) The contention of the defendants- petitioners herein, therefore, is that O.S.No.70 of 1992 cannot be entertained as the same is barred under the principles of res judicata. For determination of the said issue as a preliminary one, an application was filed by the petitioners herein which was marked as I. A. No.743 of 2000. By reason of the impugned order dated 27-9-2000 the said application was dismissed. Aggrieved thereby the present civil revision petition has been filed.