Minor Deepa vs Panaiyan
2022 Latest Caselaw 18036 Mad

                                                                                 CRP.No.1237 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 05.12.2022

                                                         CORAM:

                              THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                                    CRP.No.1237 of 2017
                                                  and CMP.No.5855 of 2017
                1.Minor Deepa
                2.Minor Mohan
                  (minor petitioners 1 & 2 represented by their mother)
                3.Chitra                                                ... Petitioners
                                                      Vs.
                1.Panaiyan
                2.Mannu alias Ramasamy
                3.Govindammal
                4.Govindasamy
                5.Panjali                                                   ... Respondents

                PRAYER: Civil Revision petition is filed under Article 227 of the Constitution
                of India praying to set aside the order in unnumbered OS.No. of 2016 on the
                file of the learned Principal Subordinate Judge, Krishnagiri dated 15.09.2016
                and to direct the lower court to number the suit.
                                   For Petitioners     : Mr.M.John Kennady

                                   For Respondents
                                         For R1 & 2     : Mr.D.Maharajan

                                         For R3         : Mr.V.Nicholas

                                         For R4         : Mr.G.Govindasamy
                                                          for Mr.Dalit Tiger C.Ponnusamy

                                         For R5         : Mr.B.Gnana Vinothan


https://www.mhc.tn.gov.in/judis
                Page 1 of 4
                                                                                     CRP.No.1237 of 2017

                                                          ORDER

This civil revision petition is filed as against the order passed in

unnumbered OS.No. of 2016 on the file of the learned Principal Subordinate

Judge, Krishnagiri dated 15.09.2016, thereby rejected the suit for the reason

that the suit is barred by res judicata.

2. Heard, Mr.M.John Kennady, the learned counsel for the

petitioners, Mr.D.Maharajan, the learned counsel for respondents 1 & 2,

Mr.V.Nicholas, the learned counsel for the third respondent,

Mr.G.Govindasamy, the learned counsel for the fourth respondent and

Mr.Gnana Vinothan, the learned counsel for the fifth respondent.

3. It is seen from the records that the present suit is filed for partition

claiming 2/5 share in respect of the subject property. The third plaintiff i.e. the

mother for the plaintiffs 1 and 2 is claiming to be the second wife of the second

respondent herein. Already suit for partition was filed by defendants 2 to 5 in

OS.No.84 of 2005 for partition in which already preliminary decree was passed

on 21.01.2009. On perusal of the said judgment and decree revealed that the

sister of the second defendant is claiming 1/2 share against the second

defendant and one Mr.Govindasamy. The said Govindasamy was set exparte.

https://www.mhc.tn.gov.in/judis

CRP.No.1237 of 2017

The said suit was contested by the second respondent and the present suit is

also filed as against the very same property which was allotted to the parties.

Therefore, the present suit is clearly barred by principle of res judicata and the

court below rightly rejected the same. Therefore, this Court finds no infirmity

or illegality in the order passed by the court below.

4. Accordingly, the present civil revision petition is dismissed.

However, if at all any claim as against the second defendant, the petitioners are

at liberty to file suit as against the second respondent alone in respect of their

internal disputes. Consequently, connected miscellaneous petition is closed.

There shall be no order as to costs.

05.12.2022 Index :Yes/No Internet : Yes/No Speaking order/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

https://www.mhc.tn.gov.in/judis

CRP.No.1237 of 2017

lok To The learned Principal Subordinate Judge, Krishnagiri

CRP.No.1237 of 2017

05.12.2022

https://www.mhc.tn.gov.in/judis