- 1 - NC: 2025:KHC:12016 WP No. 7356 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 7356 OF 2019 (GM-CPC) BETWEEN: 1. 1(a) 1(b) 1(c) 1(d) 1(e) 1(f) NARAYANA SHETTY SINCE DECEASED BY LRS SUMATHI ARUN SOMANATH JAYALAKSHMI GEETHA SAVITHA AGED RESPECTIVELY 60,35, 32,30, 28 AND 27 1(a) IS THE WIFE AND 1(b) TO (f) ARE CHILDREN OF LATE NARAYANA SHETTY AND ALL ARE R/AT UMBALIMANE, KANNARPADY, KADEKAR POST - 576 101 UDUPI DISTRICT. 2. BABY SHEDTHI AGED ABOUT 55 YEARS D/O KORATHI SHEDTHI 3. SHAILAJA SHEDTHI Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12016 WP No. 7356 of 2019 AGED ABOUT 34 YEARS 4. LATHIKA SHEDTHI AGED ABOUT 32 YEARS 5. KRISHNA AGED ABOUT 32 YEARS PETITIONERS 3 TO 5 ARE CHILDREN OF BABY SHEDTHI 6. AISHWARYA AGED ABOUT 16 YEARS D/O SHAILAJA SHEDTHI REPRESENTED BY GUARDIAN 3RD PETITIONER. PETITIONERS 1 TO 6 ARE RESIDING DOOR NO.7-12 UMBALIMANE, KANNARPADY PO. KADEKAR-576 101 UDUPI DISTRICT. …PETITIONERS (BY MISS ANANYA RAI.,ADVOCATE FOR P1(a) TO P1(f), P2, P3 TO P6) AND: 1. KALYANI SHEDTHI AGED ABOUT 95 YEARS D/O AKKU SHEDTHI 2. VANAJA SHEDTHI AGED ABOUT 65 YEARS 3. VASANTHI SHEDTHI AGED ABOUT 60 YEARS - 3 - NC: 2025:KHC:12016 WP No. 7356 of 2019 4. KRISHNA SHETTY AGED ABOUT 52 YEARS 5. JAYAKARA SHETTY AGED ABOUT 43 YEARS RESPONDENTS 2 & 3 ARE DAUGHTERS OF KALYANI SHEDTHI AND RESPONDENTS 4 & 5 ARE SONS OF VANAJA SHEDHI RESPONDENTS 1 TO 5 ARE RESIDING IN ADARSHA NILAYA KAPPETTU, PO:AMBALAPADY-576 103 UDUPI DISTRICT. 6. KRISHNA SHETTY AGED ABOUT 70 YEARS 7. SUNDARA SHETTY AGED ABOUT 55 YEARS RESPONDENTS 6 & 7 ARE SONS OF PADDU SHETTY AND RESIDING IN LAKSHMINAGARA PO:KODAVUR-576 101 UDUPI DISTRICT. 8. SUSHEELA SHEDTHI AGED ABOUT 61 YEARS D/O KURUMBIL @ DODDA SHEDTHI 9. ROHINI SHEDTHI AGED ABOUT 45 YEARS 10. MOHINI SHEDTHI AGED ABOUT 42 YEARS - 4 - NC: 2025:KHC:12016 WP No. 7356 of 2019 11. MALINI SHEDTHI AGED ABOUT 38 YEARS RESPONDENTS 9 TO 11 ARE CHILDREN OF SUSHEELA SHEDTHI RESPONDENTS 8 TO 11 ARE RESIDING AT "KALLALOYI" PO NITTUR-576 101 UDUPI DISTRICT. 12. KALAPPA SHETTY AGED ABOUT 72 YEARS 13. MUDDU MADANNA SHETTY AGED ABOUT 66 YEARS RESPONDENTS 12 & 13 ARE CHILDREN OF KAMALA SHEDTHI 14. SAROJINI SHETTY AGED ABOUT 62 YEARS 15. KARUNAKARA SHETTY AGED ABOUT 55 YEARS 16. KUSHALA SHETTY AGED ABOUT 51 YEARS 17. VINODA SHETTY AGED ABOUT 46 YEARS RESPONDENTS 14 TO 17 ARE CHILDREN OF AMMANNI SHEDTHI 18. VIJETH MINOR - 5 - NC: 2025:KHC:12016 WP No. 7356 of 2019 REPRESENTED BY HIS NEXT FRIEND AND MOTHER VINODA SHETTY, 19. RASHMI AGED ABOUT 33 YEARS 20. RAKESH AGED ABOUT 35 YEARS RESPONDENTS 19 & 20 ARE CHILDREN OF PREMA SHEDTHI RESPONDENTS 12 TO 20 ARE RESIDING AT VADDODI HOUSE KINNIMULKI, UDUPI -576 101. …RESPONDENTS (V/O DATED 02.07.2021 NOTICE TO R7 AND R13 ARE HELD SUFFICIENT, R2, R3, R4, R5, R6, R8, R9, R10, R11, R12, R14, R15, R16, R19 ARE R20 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND QUASH THE IMPUGNED ORDER ANNEXURE-A DATED 03.01.2019 PASSED BY THE ADDL. SENIOR CIVIL JUDGE, UDUPI ON I.A.NO.20 IN O.S.NO.66/2009 AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL - 6 - NC: 2025:KHC:12016 WP No. 7356 of 2019 ORAL ORDER Petitioners who are defendants Nos.1 to 6 in original suit in O.S.No.66/2009 are before this Court being aggrieved by the order dated 03.01.2019 passed by the Additional Senior Civil Judge and A.C.J.M, Udupi rejecting the application in I.A.No.XX filed by the petitioners under Section 10 read with Section 151 of CPC seeking stay of further proceedings in the aforesaid suit on the premise that there is a regular appeal in R.A.No.12/2017 pending consideration between the same parties in respect of the same subject matter of the suit. 2. By the impugned order the Trial Court having taken note of the fact that the petitioners herein had filed similar application on earlier occasion in I.A.No.XV has held that subsequent application for similar relief on similar grounds was not maintainable in view of the fact that the principles of resjudicata would apply even in respect of an interim order passed in the same proceedings. 3. There is no denial of the fact that as an earlier occasion petitioners had indeed filed similar application which - 7 - NC: 2025:KHC:12016 WP No. 7356 of 2019 has been rejected. No error on this ground can be found with the order passed by the Trial Court. 3. As regards the merits of the contentions are concerned, learned counsel for the petitioners submits that the plaintiffs in the suit in O.S.No.66/2009 are claiming their right title, interest through and under one Smt.Korathi Shedthi who was the defendant No.1 in the earlier suit in O.S. No.139/2008. Thus, she submits in terms of the provisions of Section 10 of the CPC "parties" would also include those who are claiming through and under the persons who were parties to the earlier round of litigation. She submitted this aspect of the matter has not been considered by the Trial Court. 4. Perusal of the order on I.A.No.XX in O.S.No.66/2009 with regard to Point No.2 raised therein would indicate the Trial Court has indeed adverted to this claim elaborately and has come to the conclusion the plaintiffs in the present suit are not parties to the earlier suit in O.S.No.139/2008, as such provision of Section 10 would not be applicable. Since a specific finding in this regard has been given by the Trial Court, this Court would not deem it appropriate to - 8 - NC: 2025:KHC:12016 WP No. 7356 of 2019 delve into the merits or otherwise of the case, inasmuch as, the suit is still pending consideration to be adjudicated on merits of the claim made by the parties. 5. Suffice for the purpose of this petition that the subsequent application could not have been maintained by the petitioners who had suffered similar order for similar relief on earlier occasion. Petition is accordingly dismissed. SD/- (M.G.S. KAMAL) JUDGE RU List No.: 1 Sl No.: 19