THE HONOURABLE SMT. JUSTICE RENUKA YARA CIVIL REVISION PETITION No.2186 of 2024

ORDER:

Heard Sri V. S. Sudhaker, learned counsel for the revision petitioner and Sri Shaik Shafee Ur Raheman, learned counsel for the respondents.

Perused the entire record.

2. This revision is preferred aggrieved by the order dated 10.06.2024 in I.A.No.1052 of 2023 in O.S.No.1408 of 2019 passed by the learned XVIII Additional Senior Civil Judge, City Civil Court, Hyderabad (‘trial Court), wherein a petition filed under Section 11 of C.P.C., to dismiss the suit under the concept of res judicata, has been dismissed.

3. The suit in O.S.No.1408 of 2019 was filed by the respondents herein seeking relief of recovery of possession, mandatory injunction and for damages. In the said suit, the I.A. under revision is filed to dismiss the suit under Section 11 of C.P.C. under the concept of res judicata.

4. It is the contention of the revision petitioner that the respondents have filed suit for declaration of title and perpetual injunction vide O.S.No.1307 of 2010 on the file of the learned VII Senior Civil Judge, City Civil Court at Hyderabad and the said suit was dismissed vide judgment and decree dated 16.07.2021. T