The Hon’ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.2519 of 2014 Dated 15.10.2014 Between:
P.Suryanarayana And C.Vamsidhar Reddy …Petitioner …Respondent Counsel for the petitioner: Mr.K.Ananda Rao Counsel for the respondent: ---
The Court made the following:
Order:
This Civil Revision Petition is filed against Order, dated 18-06-2014, in IA.No.592 of 2012, on the file of the Court of the learned Additional Junior Civil Judge at Malkajgiri.
The above-mentioned IA has been filed by the petitioner, who is defendant in the suit, seeking to dismiss the suit on the ground that the suit is barred by res judicata. The lower Court has dismissed the said IA, and in my view, rightly on the ground that the issue whether the suit is barred by res judicata or not is a mixed question of fact and law and that the said issue can be decided while disposing of the suit.
Mr.K.Ananda Rao, learned Counsel for the petitioner, submitted that after the filing of the Civil Revision Petition, the lower Court has framed additional issues, which included the one relating to res judicata.
For the above-mentioned reasons, I do not find any reason to interfere with the order of the lower Court.
The Civil Revision Petition is, accordingly, dismissed.
As a sequel, CRPMP.No.3511 of 2014, filed by the petitiner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 15th October, 2014
LUR