- 1 - HC-KAR NC: 2026:KHC:3470 CRP No. 979 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS CIVIL REVISION PETITION NO. 979 OF 2025 BETWEEN: SRI PUTTASWAMY AGED 69 YEARS, S/O LATE RAGHAVEGOWDA, R/AT VALAGEREDODDI VILLAGE, MANKUNDA POST, MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 108. …PETITIONER (BY SRI. PUNDIKAI ISHWARA BHAT., ADVOCATE) AND: 1. MRS. REKHA A S AGED 41 YEARS, W/O SATHISH, R/AT RUDRAKASHIPURA VILLAGE, MADDUR TALUK, MANDYA DISTRICT-571 429. 2. MRS. GEETHA S, AGED 35 YEARS, W/O ANAND M.K. R/AT DODDAMALURU VILLAGE, MALURU HOBLI, CHANNAPATNA TALUK-572 127. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3470 CRP No. 979 of 2025 3. MRS. SHWETA V.S. AGED 34 YEARS, W/O ABHISHEK, R/AT AMMALLIDODDI VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 138. 4. THE TAHSILDAR, CHANNAPATNA TALUK, CHANNAPATNA-562 160. …RESPONDENTS THIS CRP IS FILED UNDER SECTION 115 OF CPC, AGAINST THE ORDER DATED 09.09.2025 PASSED ON I.A NO.II IN OS.NO.27/2025 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE, AND JMFC, CHANNAPATNA, DISMISSING THE I.A.NO.II FILED UNDER ORDER VII RULE 11(A) OF CPC FOR REJECTION OF PLAINT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The matter is coming up for admission. However, having heard the learned counsel for petitioner/ defendant No.1 in O.S.No.27/2025 filed before the learned Principal - 3 - HC-KAR NC: 2026:KHC:3470 CRP No. 979 of 2025 Civil Judge and JMFC at Channapatna, this Court is of the considered opinion that there is no infirmity in the impugned order passed by the learned trial Judge. However, learned counsel for petitioner has made certain submissions regarding the right of the defendants to seek consideration of a preliminary issue. 2. Learned counsel submitted that although it is true that the catena of decisions of the Hon'ble Supreme Court holds the view that res judicata is an issue to be decided in trial and cannot be summarily decided in an application to reject plaint under Order VII Rule 11 of CPC, nevertheless there are other judgments of the Hon'ble Supreme Court including Jamia Masjid Vs. K.V.Rudrappa (Since dead) by LRs. And Others 2021 SCC OnLine SC 792 wherein it is held that in certain cases it is permissible for the Trial Court to consider the plea of res judicata as a preliminary issue. 3. Therefore, learned counsel submits that liberty may be reserved to the petitioner to urge such a prayer - 4 - HC-KAR NC: 2026:KHC:3470 CRP No. 979 of 2025 before the Trial Court to frame a preliminary issue regarding res judicata and consider the same and decide the said issue. 4. Having regard to the submissions made by the learned counsel for petitioner, this Civil Revision Petition stands disposed of while reserving liberty to the petitioner to urge such a ground is if it is available in law. Sd/- (R DEVDAS) JUDGE JT/- CT: JL