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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
| Table of Content |
|---|
| 1. factual background of the property dispute. (Para 2 , 3 , 4) |
| 2. defendants argue on grounds of res judicata. (Para 5 , 6) |
| 3. court's reasoning on preliminary issue. (Para 7 , 9 , 10) |
| 4. explanation of res judicata principles. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 19) |
| 5. court affirms decision to dismiss based on res judicata. (Para 18 , 20) |
| 6. final order of dismissal of the appeal. (Para 21) |
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
The principle of res judicata bars litigation on matters already adjudicated, and can be decided as a preliminary issue when sufficient materials exist.
The principles of res judicata bar a second suit when the cause of action is the same and a previous suit has been adjudicated.
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....
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