P.B.Sarveswari vs Radhakrishnan
2023 Latest Caselaw 723 Mad

                                                                                    CRP.No.3497 of 2017

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 12.01.2023

                                                         CORAM:

                              THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                  CRP.No.3497 of 2017
                                                          and
                                                  CMP.No.16260 of 2017

                P.B.Sarveswari                                                         ... petitioner
                                                            Vs.
                Radhakrishnan                                                         ... Respondent


                PRAYER:
                          Civil Revision Petition filed under Article 227 of the Constitution of India to

                set aside the order and decree dated 19.01.2016 passed in IA.No.3864 of 2015 in

                OS.No.7181 of 2014 by the XIII Assistant Judge, City Civil Court, Chennai and to

                restore the suit in OS.No.7181 of 2014.


                                        For Petitioner    : Mr.N.Sreenivasalu

                                        For Respondent : Mr.P.B.Balaji

                                                         ORDER

This civil revision petition has been filed to set aside the order and

decree dated 19.01.2016 passed in IA.No.3864 of 2015 in OS.No.7181 of 2014 by

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CRP.No.3497 of 2017

the XIII Assistant Judge, City Civil Court, Chennai and to restore the suit in

OS.No.7181 of 2014.

2. The learned counsel for the petitioner reported no instruction from

the party.

3. The petitioner filed suit for mandatory injunction and for declaration

in respect of the suit property. While pending the suit, the respondent herein filed

application to strike off the plaint on the ground of res judicata. On perual of

records, revealed that the petitioner already filed suit in OS.No.9094 of 2008 and

the same was decreed. Aggrieved by the same, appeal suit was filed in AS.No.408

of 2011 and the same was allowed and the judgment and decree passed by the trial

court was set aside. However, there was no second appeal filed by the petitioner

herein. While being so, the petitioner filed the present suit for the very same relief

in respect of the very same property. Therefore, the present suit is hit by principles

of res judicata since the issue involved in the present suit was already decided in

the earlier suit. Therefore, the court below rightly rejected the plaint on the

principles of res judicata. Hence, this Court finds no infirmity or illegality in the

order passed by the court below.

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CRP.No.3497 of 2017

4. Accordingly, this civil revision petition is dismissed. Consequently,

connected miscellaneous petition is closed. There shall be no order as to costs.

12.01.2023 Speaking/non-speaking Index : Yes/No Internet : Yes lok

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CRP.No.3497 of 2017

G.K.ILANTHIRAIYAN, J.

lok

To XIII Assistant Judge, City Civil Court, Chennai

CRP.No.3497 of 2017

12.01.2023

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