Madras High Court
K.Saraswathi Achi vs C.Ramalingam on 17 October, 2024
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
C.R.P.(MD)No.2508 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 17.10.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P.(MD)No.2508 of 2022
and
C.M.P.(MD)No.12333 of 2022
1.K.Saraswathi Achi
2.S.Kathiresan ... Petitioners / Defendants 1 & 2
Vs.
1.C.Ramalingam
2.AL.Pakkiam
3.AL.Murugesan
4.AL.Kalaiselvi
5.AL.Manikandan
6.AL.Karthikeyan ... Respondents / Plaintiffs 1 to 6
7.K.Muthukala
K.Latha (Died)
8.K.Velumurugan
9.AL.SP.Suresh
10.S.Jeyam
11.R.Sumathi
12.R.Prabakaran
13.R.Balagi ... Respondents 7 to 13/
Defendants 3 to 10
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1/6
C.R.P.(MD)No.2508 of 2022
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of
India, to call for the records and reject the plaint in O.S.No.162 of 2021 on the
file of the Principal District Court, Pudukkottai and allow the civil revision
petition.
For Petitioners : Mr.AR.L.Sundaresan, Senior Counsel,
For Mr.C.Mahadevan,
For Respondents : Mr.M.Mahaboob Athiff for R1 to R6.
No appearance for R9 to R13.
***
ORDER
Heard the learned counsel for the revision petitioners and the learned
counsel for the respondents 1 to 6.
2.This civil revision petition has been filed to strike of O.S.No.162 of
2021 on the file of the Principal District Court, Pudukkottai.
3.The learned senior counsel for the revision petitioners who have been
shown as the defendants 1 and 2 in the suit would contend that the very
institution of the suit is an abuse of legal process as it amounts to re-litigation.
4.It is submitted that the first revision petitioner filed O.S.No.51 of 2000
on the file of the District Munsif Court, Thirumayam for injunction. Whereas
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the first respondent herein and the father of the other respondents joined
together filed O.S.No.54 of 2000 on the file of the District Munsif Court,
Thirumayam for permanent injunction. It is not in dispute that the suit property
covered by O.S.No.162 of 2021 and the suit schedule set out in the aforesaid
suits is one and the same.
5.While the trial Court dismissed O.S.No.51 of 2000 and decreed
O.S.No.54 of 2000, the first appellate Court reversed the decision of the trial
Court vide judgment and decree dated 19.06.2014 in A.S.Nos.14 and 23 of
2013. The learned senior counsel took me through the judgment rendered by
the Principal District Court, Pudukkottai in the aforesaid first appeals.
6.The only question that calls for consideration is whether file of
O.S.No.162 of 2021 would amount to re-litigation.
7.The earlier suits were for the relief of bare injunction. A finding was
rendered by the first appellate Court in the earlier round that Saraswathi Aachi
is in possession of the suit property and it was on that premise, O.S.No.51 of
2000 was decreed as prayed for and O.S.No.54 of 2000 was dismissed.
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8.The present suit is one for declaration, recovery of possession and for
other reliefs. The cause of action for filing O.S.No.162 of 2021 is entirely
different. The plaintiffs in O.S.No.54 of 2000 filed the suit for bare injunction
based on the claim that they are in possession. Since it was negatived, they
have now come forward with a suit for declaration and recovery of possession.
No exception can be taken thereto. The learned senior counsel for the revision
petitioners would strongly contend that the present suit is hopelessly barred by
limitation. Such an issue can be gone into either in the main suit or in the
application filed under Order VII Rule 11 of Civil Procedure Code. The
question of considering such a contention in a petition filed under Article 227
of the Constitution of India does not arise at all. Permitting the petitioners to
work out their rights in the manner known to law and leaving open all their
contentions, this civil revision petition is dismissed. The learned Principal
District Judge, Pudukkottai is directed to dispose of O.S.No.162 of 2021 on
merits and in accordance with law within a period of six months from the date
of receipt of a copy of this order. No costs. Consequently, connected
miscellaneous petition is closed.
17.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
ias
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To:
The Principal District Court,
Pudukkottai.
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G.R.SWAMINATHAN, J.
ias
17.10.2024
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