JUDGMENT: This is an appeal from the order, dated 14-7-1955, passed by the learned

District Judge, Sholapur, in appeal No. 178 of 1954, by which he allowed the appeal and remanded the suit No. 48 of 1952 to the Court of the learned Civil Judge (Junior Division), Akalkot, for disposal in accordance with law.

(2) This appeal raises a short but interesting question about the law of res judicata.

(3) The respondent No. 1, Saraswati, was the plaintiff in the trial Court. She instituted the afore said suit No. 48/52 for a declaration that she was the sole owner of the suit property and for an in junction, restraining the defendants from interfering with her possession, or, in the alternative, for possession of the suit property. The allegation was that the suit property belonged to Sarswatis full brother Malkappa; that, on Malkappas death in 1943, the suit property devolved upon Saraswatis mother Ambawwa; that Ambawwa remarried in 1944; and that, on her remarriage, the property devolved upon the plaintiff Saraswati, and, there fore, she had become the owner of the suit property on the remarriage of Ambawwa. Defendant No. 2 in the trial Court is the appellant in this Court. His mother Bhanga

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