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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
Mohammad Nawaz, K S Hemalekha
Kalamma, W/O Late Sharanappa – Appellant
Versus
Ambawwa, W/O Chandappa Baradi – Respondent
JUDGMENT :
K S HEMALEKHA, J.
The present regular first appeal is preferred by the appellant/plaintiff, assailing the order dated 12.12.2024 passed by the Principal Senior Civil Judge, Kalaburagi (hereinafter referred to as ‘Trial Court’), in OS No.155/2021, whereby the trial Court dismissed the suit on preliminary issue No.4, holding that the suit is barred by principle of res judicata.
2. Brief facts are that, the plaintiff filed the present suit seeking the relief of declaration of title and perpetual injunction against the defendants in respect of the properties mentioned below:
a) Sy.No.124, measuring 28 acres 21 guntas situated at Chinamagera village, Afzalpur taluk, Dist. Gulbarga
b) Sy.No.87/3, measuring 06 acres 24 guntas situated at Melkunda-B village, Tq. & Dist. Gulbarga
c) A house property situated at Chinamgera village, Afzalpur taluk, Dist. Gulbarga
(hereinafter referred to as the ‘suit properties’).
3. The plaintiff averred that Chandappa was the propositus of the joint family and had two wives; Neelamma and Ambawwa (defendant No.1). Defendant No.2 Sharanamma is the daughter of Ambawwa. Neelamma had two sons, namely Bhimashankar (defendant No.3) and Sharanappa (deceased). Th
The principle of res judicata bars litigation on matters already adjudicated, and can be decided as a preliminary issue when sufficient materials exist.
Res judicata requires a full trial to establish; dismissing a suit based solely on pleadings without evidence is incorrect.
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 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....
(1) CPC confers no jurisdiction upon Court to try a suit on mixed issues of law and fact as a preliminary issue and where decision on issue depends upon question of fact, it cannot be tried as a prel....
(1) Res Judicata – Best method to decide question of res judicata is first to determine case of parties as they are put forward in their respective pleadings of their previous suits, and then to find....
The main legal point established in the judgment is the application of res judicata in a suit for declaration, possession, and injunction, and the binding nature of a finding on an issue relating to ....
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