Smt.Vinita W/O Vilas Mane vs Ranjana W/O Mohan Kamble
2021 Latest Caselaw 5486 Kant

          IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

     DATED THIS THE 04th DAY OF DECEMBER 2021

                       BEFORE

     THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

            W.P.NO.133450/2020 (GM-CPC)

BETWEEN:


1.     SMT.VINITA W/O VILAS MANE
       AGE: 63 YEARS, OCC: HOUSEHOLD,
       R/O: PLOT NO.23, JAWAHAR NAGAR,
       NEAR GOVT. POLYTECHNIC UNIVERSITY ROAD,
       PUNE-16.

2.     MISS. VASUDHA D/O VILAS MANE
       AGE: 31 YEARS, OCC: STUDENT,
       R/O: PLOT NO.23, JAWAHAR NAGAR,
       NEAR GOVT. POLYTECHNIC UNIVERSITY ROAD,
       PUNE-16.

3.   MISS. POOJA D/O VILAS MANE
     AGE: 30 YEARS, OCC: STUDENT,
     R/O: PLOT NO.23, JAWAHAR NAGAR,
     NEAR GOVT. POLYTECHNIC UNIVERSITY ROAD,
     PUNE-16.
                                       ... PETITIONERS
(BY SHRI.SHIVARAJ S BALLOLI, ADV.)

AND:

1.     RANJANA W/O MOHAN KAMBLE
       AGE: 71 YEARS,OCC: HOUSEHOLD,
       R/O: 12 B, LOKHANDWALA PARK,
       DAYANESHWAR NAGAR,
       BEHIND BUS STOP SOLAPUR,
                         :2:



     MAHARASHTRA.

2.   SOU.SHARADA @ SUMATI W/O NANA KAMBLE
     AGE: 67 YEARS,OCC: HOUSEHOLD,
     R/O: R.S.NO.52/2/4,MAHESH BUILDING,
     NANDANVAN COLONY,KRISHNA CHOWK,
     NAVI SANGAVI,PUNE-27.

3.   SOU.SUREKHA W/O TUKARAM NIRMALE
     AGE: 64 YEARS,OCC: HOUSEHOLD,
     R/O: B-5, SUYOG-SHREE
     CO-OP HOUSING SOCIETY LIMITED,
     VISHAL NAGAR,NEAR JAGTAP DIARY
     WIRELSS COLONY,PIMPALE NILAK,
     PUNE-27.

4.   SOU.SULABHA CHANDRAKANT KAMBLE
     AGE: 61 YEARS,OCC: SERVICE,
     R/O: C/O: SHRIKANT CHANDRAKANT KALE
     C-404, RELYCON GARDEN,
     GROVE-KATRAJ,NEAR DATTA NAGAR,
     PUNE-46.

5.   SOU.JAYASHREE W/O SUDHAKAR JADHAV
     AGE: 59 YEARS,
     OCC: HOUSEHOLD WORK,
     R/O: 410, SANDY-DEEP SOCIETY,
     NEAR MAHAVEER FURNITURE,
     BIBWEWADE-PUNE-37.

6.   SRI.AJEET CHANDRAKANT @ CHANABASU MANE
     AGE: 51 YEARS,OCC: BUSINESS,
     R/O: BATTIS-SHIRALA,
     CHAMBER GALLI,TQ: SHIRALA,
     DIST: SANGLI.
                                    ... RESPONDENTS

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
WRIT OF CERTRORARI AND QUASH THE IMPUGNED ORDER
DATED 19.10.2019 PASSED ON PELIMINARY ISSUE IN
O.S.69/2012 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND
                                  :3:



JMFC NIPANI VIDE ANNEXURE E, TO MEET THE ENDS OF
JUSTICE AND EQUITY.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                                ORDER

1. An order, by which the Trial Court had decided a

preliminary issue against the defendants is called in question

in this writ petition.

2. The defendants, in a suit for partition, raised the plea

that the suit was barred by the principle of res judicata

inasmuch as there was an earlier suit in Civil Suit

No.507/1997 which had been filed between the same parties

involving the very same properties and there was already a

decision rendered in respect of the properties in the said suit

and therefore, the present suit was not maintainable.

3. The Trial Court after examining the judgment passed in

the earlier suit, i.e., in Special Civil Suit No.507/1997 has

recorded a finding of fact that the suit properties of the

present suit were not the subject matter of the earlier 1977

suit and therefore, the plea of res judicata cannot be

entertained.

4. In my view, since the Trial Court has recorded a finding

on a perusal of D1 that the suit properties involved in Special

Civil Suit No.507/1997 and the present suit were different,

the impugned order cannot be found fault with. I find no

reason to entertain this writ petition and the same is rejected.

Sd/-

JUDGE KGK