The objection as regards the maintainability of the suit on the ground of res judicata has been turned down by the court below by the order impugned. The court below has prima facie found that the property involved in O.S. No. 571/1999 and O.S. No. 304/2007 are different. Whether the property involved in both the suits are one and the same can be better decided at the time of trial of the suit after the evidence is let in.
2. I confirm the order making it clear that the bar of res judicata would be considered along with other issues in the suit after the parties let in evidence at the time of trial. The court of the Munsiff of Cherthala is directed to dispose of O.S. No. 304/2007 on its file within a period of four months.
The Civil Revision Petition is dismissed subject to the above reservation.
ncd V. CHITAMBARESH JUDGE