Res judicata - Accordingly, I hold that the findings of the trial court in O.S. Nos.274 and 276 of 1983 that the suit land is not part of Survey No.43 of Bholakpur village operates as Res judicata against the Government, since they have not preferred any appeals against the said findings. Therefore, the appeal filed by the Government in CCCA No.194 of 1998 is not maintainable. As far as the issue with regard to the powers of the appellate Court, under Order XLI Rule 33 CPC, are concerned, the same has to be considered in other appeals, therefore I am not inclined to express any final opinion on the said point.1) Whether the findings of the lower Court on issue No.1 in O.S. Nos.274 and 276 of 1983 have to be treated as decree and whether they operate as res judicata against the Government, since the Government have not filed any appeals challenging the said findings? 2) Whether the Government of Andhra Pradesh was not required to file appeals on the ground that no enforceable decree was passed against it?
Res judicata - Accordingly, I hold that the findings of the trial court in O.S. Nos.274 and 276 of 1983 that the suit land is not part of Survey No.43 of Bholakpur village operates as Res judicata against the Government, since they have not preferred any appeals against the said findings. Therefore, the appeal filed by the Government in CCCA No.194 of 1998 is not maintainable. As far as the issue with regard to the powers of the appellate Court, under Order XLI Rule 33 CPC, are concerned, the same has to be considered in other appeals, therefore I am not inclined to express any final opinion on the said point.1) Whether the findings of the lower Court on issue No.1 in O.S. Nos.274 and 276 of 1983 have to be treated as decree and whether they operate as res judicata against the Government, since the Government have not filed any appeals challenging the said findings? 2) Whether the Government of Andhra Pradesh was not required to file appeals on the ground that no enforceable decree was passed against it?