1. The Respondent/plaintiff has filed suit bearing RCS No.79/2008 against the present petitioner and others for declaration of ownership and perpetual injunction in respect of 5 hectares 16 ares portion from Gat No.688, old S.No.207 of village Dapka, Tq.Mukhed.

2. The petitioner by filing the Written Statement denied the claim of the plaintiff. The petitioner averred that the earlier litigation between the plaintiff No.1's father and the petitioner would operate as res-judicata within the meaning of Section 11 of the C.P.C. The Respondents had also filed application Exh.5.

3. The petitioner filed an application purportedly invoking Section 9-A of the C.P.C. for framing the issue of resjudicata vis-a-vis jurisdiction. The said application was 'filed' by the Court. Aggrieved thereby, the present petition.

4. Earlier the petitioner had also filed an application requesting the trial Court to frame issue U/s 11 of the C.P.C. and decide the said issue before hearing of temporary injunction application. The same is also rejected.

5. Mr.Kulkarni, learned counsel for the petitioner submits that the present suit filed by the plaintiff is barred by the principle of resjudicata in vi