JUDGMENT :

S.R. KRISHNA KUMAR, J.

The unsuccessful plaintiff in OS No.301/2024 is before this Court, aggrieved by the impugned order on preliminary issue dated 03.07.2025 passed by the IV Additional Senior Civil Judge and JMFC., Belagavi, [Hereinafter for short ‘trial Court’], whereby the trial Court held/answered the preliminary issue as against the appellant-plaintiff and consequently proceeded to dismiss the suit on the ground that the plaint did not disclose any cause of action in favour of the appellant-plaintiff to file and prosecute the suit.

2. Heard learned counsel for the appellant and learned counsel for caveator-respondent No.1. For the order proposed, notice to the remaining respondents is dispensed with since both the learned counsel for the appellant and learned counsel for respondent No.1-caveator submits that the matter can be taken up for final disposal at the stage of admission. Both the counsels have produced the records of the trial Court to enable final disposal of the present appeal.

3. The brief facts given raise to the present appeal are as under:

The appellant and respondent Nos.1 and 2 are the children of late Gurappa Agasimani and late Smt.Mahadevi. The respondent No.1-Vidya, instituted a suit in O.S.No.182/2018 against her mother Smt.Mahadevi- defendant No.1, her brother Ravindranath-defendant No.3 and Smt.Mangala wife of the appellant-defendant No.4 (formal party) for partition and separate possession of her legitimate share in the suit schedule properties and for other reliefs.

4. After contest, the trial Court proceeded to pass a judgment and decree dated 21.01.2020 decreeing the suit filed by the respondent No.1-Vidya, thereby declaring that respondent No.1, the appellant, Smt.Ravindranath and Mahadevi (mother) were entitled to their legitimate share in the suit schedule properties. Aggrieved by the said judgment, the appellant herein approached this Court in RFA No.100275/2020 which was allowed and the judgment and decree passed by the trial Court was modified as hereunder:

ORDER

The appeal is allowed.

The plaintiff, the first and the second defendants are declared to have 1/3^rd undivided share in the total extent measuring 8 acres 20 guntas in Sy Nos

100/2, Sy. No. 100/B Sy. No.100/K, Sy. No.122/6 and Sy No.460/4+15+13+16/A of Hirebagewadi village. The plaintiffs or the first to third defendants are declared to have 1/4^th share in the residential property bearing VPC No.219 measuring 2212 square feet in Hirebagewadı village.

There shall be preliminary decree accordingly.

5. It is the matter of record that the appellant approached the Hon’ble Apex Court in SLP No.6587/2023 which was dismissed by the Hon’ble Apex Court vide order dated 25.05.2023, as a result of which the preliminary decree dated 14.09.2022 passed by this Court in RFA No.100275/2020 was confirmed and the same has attained the finality and became conclusive and binding upon all the parties.

6. Subsequent to disposal of RFA No.100275/2020 on 14.09.2022, the respondent No.1-Smt.Vidya alleged that her mother Smt.Mahadevi executed registered release deed dated 30.09.2022 releasing/relinquishing her undivided share in the suit schedule properties in favour of respondent No.1-Smt.Vidya and her brother respondent No.2- Sri.Ravindranath, pursuant to which they became entitled to the undivided share of Smt.Mahadevi in the suit schedule properties. Thereafter, Smt.Mahadevi expired on 15.12.2022 and on 01.02.2023, the respondent No.1 herein filed FDP No.06/2023 to enforce and implement the preliminary decree passed by this Court and also putting forth the claim in relation to the undivided share of Smt.Mahadevi by placing reliance upon the registered release/relinquishment deed dated 30.09.2022 alleged to have been executed by Smt.Mahadevi in favour of respondent Nos.1 and 2.

7. During the pendency of the aforesaid final decree proceeding in FDP No.06/2023 which was filed on 01.02.2023, the appellant herein filed the instant suit in OS No.1180/2023 date