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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Vijaykumar A.Patil
Muniyamma – Appellant
Versus
T. Venkatappa, Since Dead By His Lr's. – Respondent
ORDER :
Vijaykumar A. Patil, J.
This petition is filed seeking following reliefs:
"(a) To quash/set aside the order dated 05.06.2017 passed by the Court of the I Additional Civil Judge, Bengaluru Rural District on I.A.Nos.12 & 14 filed by the petitioners i.e. Annexure-A and to allow I.A.No.12 filed by the petitioners under Sections 11 & 12 read with Section 151 of the Code of Civil Procedure as prayed for and to consequently dismiss the suit in O.S.No.416/1998 filed by the respondents in the court of the I Additional Civil Judge, Bengaluru Rural District.
(b) To award costs and grant such other relief as this Hon'ble Court deems fit and expedient in the circumstances of the case, in the interest of justice and equity."
2. Sri.Siddharth Suman, learned counsel appearing for the petitioners submits that respondents filed suit in O.S.No.102/1991 against the petitioners for partition and separate possession which came to be dismissed. The respondents filed regular first appeal which also came to be dismissed holding that the parties have already partitioned the property long back and they are in their respective share. Suppressing the same, O.S.No.416/1998 is filed by the respondents seeking
The court held that the doctrine of res judicata precludes the maintainability of a subsequent suit on the same issues already adjudicated in a prior case.
Res judicata requires a full trial to establish; dismissing a suit based solely on pleadings without evidence is incorrect.
Withdrawn partition suits do not preclude subsequent partition actions; res-judicata is not applicable where the first suit was not decided on merits.
The principle of res judicata bars litigation on matters already adjudicated, and can be decided as a preliminary issue when sufficient materials exist.
The right to seek partition is inherent and continuous for co-owners; prior dismissal of a partition suit does not bar subsequent suits, provided the parties are different.
The main legal point established is that the suit for partition is maintainable despite the failure to prove an earlier oral partition in the manner known to law.
The main legal point established in the judgment is that the plea of res judicata requires consideration of the pleadings, issues, and decision in the previous suit, which is beyond the scope of Orde....
The court confirmed the status of joint family properties, ruling prior partition claims insufficiently proven, which allowed plaintiffs' partition suit to proceed despite earlier suit dismissal on n....
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