JUDGMENT :

N. SATHISH KUMAR, J.

Prayer: Appeal Suit is filed under Section 96 of the Civil Procedure Code against the order dated 05.02.2019 passed in O.S. No. 25 of 2014 on the file of the II Additional District Court, Thoothukudi.

1. A challenge has been made in this first appeal against the decree and judgment of the trial Court, dismissing the suit in a preliminary issue holding that the present suit is barred by principles of res-judicata.

2. The brief facts leading to the filing of the appeal suit is as follows:

The suit property to an extent of 1.15 acres has been originally purchased by Thomas Adamsan Iyar for the Society for the Propagation of the Gospal in Foreign Parts (S.P.G.) on 06.01.1880. The original survey number of the suit property is 226. Thereafter, the survey number of the suit property is 243/2 and now the survey numbers of the suit property are 328/4, 5, 12, 13, 14, 15 and 16. The plaintiffs Diocese obtained necessary permission with the Bhisop in the year 1929 and the Church was constructed in the suit property. On 04.12.1963, the suit property was transferred to the plaintiffs. From the date of such deed, they are in possession of the property and now, it is th