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THE HIGH COURT OF KARNATAKA
R DEVDAS, J
MR A V NAGARAJ – Appellant
Versus
SMT KANTAMMA – Respondent
| Table of Content |
|---|
| 1. filing of suit details and prior adjudication. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding the preliminary issue and evidentiary considerations. (Para 5 , 6 , 7) |
| 3. discussion on res judicata and the findings of the court. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. final decision of the court. (Para 18) |
CAV ORDER
(PER: HON'BLE MR JUSTICE R DEVDAS)
This Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure , 1908, at the hands of defendants No.19 and 9 (a) to (c) in O.S.No.4866/2010, aggrieved of the impugned order dated 14.08.2024 whereby the preliminary issue ‘whether the suit of the plaintiff is hit by principles of res judicata’ was considered and dismissed.
2. For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.
3. Facts in brief are that the plaintiff Smt.Kantamma filed O.S.No.4866/2010 seeking a judgment and decree in favour of the plaintiff for partition and separate possession of 1/5th share in the suit schedule properties. Written statement was filed by the defendants-petitioners herein contending inter alia that the very same plaintiff had filed O.S.No.929/1991 before the
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