THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.1090 OF 2011 DATED 23RD SEPTEMBER, 2011 BETWEEN Ippa Bhupathi Reddy and another …Petitioners And Siddi Vijaya Bhaskar Reddy and another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.1090 OF 2011 ORDER: The defendants in O.S.No.105 of 2008 on the file of the learned Junior Civil Judge, Narsapur, filed an application therein in I.A.No.204 of 2010 seeking dismissal of the suit on the ground that it was hit by Section 11 of the Code of Civil Procedure (CPC). By order dated 30.12.2010, the trial Court dismissed the said application. Hence, this Civil Revision Petition. The defendants had earlier filed O.S.No.89 of 2005 for a perpetual injunction against four persons, including the two plaintiffs in O.S.No.105 of 2008. The said suit was dismissed on 12.10.2009. Aggrieved thereby, they filed A.S.No.3 of 2010 before the learned Senior Civil Judge, Medak, which is still pending. While so, the suit, O.S.No.105 of 2008, was filed by the two plaintiffs seeking a perpetual injunction against them. Admittedly, the defendants earlier filed an application seeking stay of the suit under Section 10 CPC which was disallowed by the trial Court. Having allowed the said order to attain finality, the defendants filed the present application stating that the subject matter of both the suits was the same and the issue was also between the same parties and hence, the later suit, O.S.No.105 of 2008, was barred by the provisions of res judicata. The trial Court however did not accept this plea and dismissed the I.A. by the order under revision. The Judgment in O.S.No.89 of 2005 is yet to attain finality as the appeal arising therefrom is still pending. Further, the said suit was dismissed and it is incomprehensible as to what finding in the said Judgment, the unsuccessful plaintiffs therein, the defendants in O.S.No.105 of 2008, want to rely on to pre-empt adjudication of the later suit. In such circumstances, no occasion arises to apply the principles of res judicata under Section 11 CPC to the present case. The trial Court therefore did not commit an error in disallowing the subject application. The Civil Revision Petition is devoid of merit and is accordingly dismissed. No order as to costs. ____________________ SANJAY KUMAR, J. 23RD SEPTEMBER, 2011. VGSR/PGS