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2024 Supreme(Online)(Kar) 37962

KARNATAKA HIGH COURT
SRI NARASIMHAIAH – Appellant
Versus
SRI HANUMANTHAPPA – Respondent


ORAL ORDER

(PER: THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ)

1. The petitioner is before this Court seeking for the following reliefs:

a. Call for the entire records in O.S.No.56/2019 from the file of the Additional Senior Civil Judge and JMFC at Ramanagara.

b. Examine the legality, correctness and propriety and genuineness in passing the order on I.A.No.VI filed by the petitioner under Section 11 of CPC dated

19.11.2020.

c. Set aside the order passed by Additional Senior Civil Judge and JMFC at Ramanagara in O.S.No.56/2019 and dismiss the suit of the respondents as same is hit by principles of Res- Judicata and pass such other relief/s as deemed fit and proper in the circumstances of the case, in the interest of justice and equity.

2. A suit in O.S. No.56/2019 had been filed by the respondents. In the said suit, the petitioner who was the defendant had filed an application under Section of Code of Civil Procedure seeking for dismissal of the suit on the ground that in an earlier suit which had been filed, the application filed under Order 7 Rule 11 of CPC had bee allowed and the plaint was rejected, as such, the same would apply as resjudicata and the present suit also to be dismissed unde

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