MANOHAR VINAYAK Vs. LAXMAN ANANDRAO DESHMUKH

JUDGEMENT

(1.) THIS is a Letters Patent appeal against the decision of Bose J., dismissing Second Appeal No. 101 of 1940 on 7-10-1943. The preliminary objection of the respondents against the competency of Civil Appeal No. 20A of 1939 on the ground of res judicata resulted in the dismissal of that appeal by the lower appellate Court and the dismissal was upheld in second appeal. In order to comprehend the exact nature and effect of the respondents' objection it is necessary to state a few facts chronologically.

(2.) THE genealogical table of the appellants family is as below: AMBADAS ______________________|_____________________ | | Vinayak Pralhad (now dead) |____________________________________________| | | | Manohar (Deft. 1) Wasudeo (Deft. 2) Krishnarao (Deft. 3) _________________________________|___________________________________ | | | | | | | Ramchandra Laxman Vishwanath Rajeshwar Vishnu Digambar Devidas (Deft. 4) (Deft. 5) (Deft. 6) (Deft. 7) (Deft. 8) (Deft. 9) (Deft. 10).

(3.) IN execution of that decree, the decree-holders attached 5/6th share of Survey No. 31 of Sultanpur granted as jagir to the family of the judgment-debtors by the Bhonsla Raja in 1799.