JUDGMENT :

CAV. 130/2020

None appears for the respondent-Caveat or.

CM APPL. 5432/2020 (condonation of delay)

For the reasons stated in the application the delay of 12 days in re-filing petition is condoned. The application is allowed.

FAO 76/2020

1. Appellant impugns order dated 18.11.2019 whereby application of the appellant under Order XXXIX Rules 1 and 2 CPC has been dismissed.

2. Appellant has filed the subject Suit for declaration and permanent injunction seeking a declaration that the GPA, Affidavit, possession letter, Will dated 20.03.2010 and Gift Deed dated 07.05.2015 executed by respondent no. 1 in favour of respondent be declared null and void and not binding on the rights of the appellant in the Suit. Further restraint had been sought on the respondents from creating any third party interest in the Suit property.

3. In the impugned order dated 18.11.2019, trial court has noticed that a plea has been taken by respondent no. 1 that the Suit is barred by the principles of res judicata as the grounds raised by the appellant have already been decided in an earlier Suit.

4. Trial court, in the impugned order, has noticed that respondent no. 2 had earlier filed a Suit for possession a