Madras High Court
A.Chandrasekaran vs Siddhi Vinayakar Temple on 8 February, 2021
CRP.PD.No.3253 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.No. 3253 of 2016
and
CMP.No.10723 of 2020
A.Chandrasekaran ... Petitioner
Vs.
Siddhi Vinayakar Temple
Represented by its Trustee
Mr.Bhaskaran
S/o.Late R.Ganesan, Hindu
Aged about 54 years
68/112, IInd Street,
Sivagami Ammaiyar Colony
Sharma Nagar, Chennai - 39. ... Respondent
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to dismiss the suit O.S.No.978 of 2012, hit by
Section 11 CPC and re-litigation.
For Petitioner : Mr.V.Jayakumar
For Respondent : Mr.N.Nagusha
1/6
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.3253 of 2016
ORDER
This Civil Revision Petition has been filed to strike off the plaint in
O.S.No.978 of 2012, on the ground that it is hit by Section 11 CPC and will
attract the principles of re-litigation.
2. The petitioner is the sole defendant in the said suit filed by the
respondent. The respondent filed the said suit for declaration, injunction and
recovery of the vacant possession from the hands of the petitioner herein.
While the suit was pending, the petitioner herein filed a petition for
rejection of plaint on the ground the present suit is barred by the principles
of “res-judicata” as the respondent continuously filed the suit for the very
same property, which was already decided before the Court of law.
3. On a perusal of the records, it shows that the father of the
respondent viz., Ganesan Thambiran filed a suit in O.S.No.1183 of 1979 for
declaration and recovery of possession for the property situated at No.20,
Vengu Pillai Street, Egmore, Chennai – 600 008, on the file of the VII
Assistant Judge, City Civil Court, Chennai and the same was dismissed for
default by the judgment and decree dated 05.03.1983. It is pertinent to note
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CRP.PD.No.3253 of 2016
here that the property in the present suit as well as the suit filed by his father
is one and the same, though the present suit is filed for recovery of
possession of the property ad-measuring 240 sq.ft situated at No.20, Vengu
Pillai Street, Egmore, Chennai – 600 008. Therefore, both the property is
one and the same. In fact, the father of the respondent herein also filed
another suit in O.S.No.7721 of 1992 on the file of the XVII Assistant Judge,
City Civil Court, Chennai for permanent injunction and partition, in respect
of the very same property. The said suit was contested and dismissed by the
judgment and decree dated 30.01.1997. The plaintiff viz., the father of the
respondent herein had never been in possession of the said property, while
pending the suit or at the time of passing of the judgment in the suit and
therefore, the suit was dismissed.
4. Now, the present suit has been filed by the respondent viz., the son
of the plaintiff in O.S.No.1183 of 1979 and O.S.No.7721 of 1992 for
declaration and recovery of possession, in respect of the suit schedule
property. Though the earlier suit filed by his father was dismissed for
default, the decree had become final, since it was not challenged before any
Court of law. Therefore, the present suit is nothing but clear abuse of
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CRP.PD.No.3253 of 2016
process of law filed for the very same relief repeatedly. The present suit is
directly hit by the principles of “res-judicata” and it cannot be sustained as
against the petitioner herein.
5. Accordingly, this Civil Revision Petition is allowed. The plaint in
O.S.No.978 of 2012 is hereby stuck-off from the file of the II Assistant
Judge, City Civil Court, Chennai. Consequently, the connected
Miscellaneous Petition is closed. No costs.
08.02.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
To
The II Assistant Judge, City Civil Court, Chennai
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.3253 of 2016
G.K.ILANTHIRAIYAN,J.
Kv
CRP.PD.No. 3253 of 2016
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.3253 of 2016
08.02.2021
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