K NAGARAJ Vs. SARASWATHY AMMAL

JUDGEMENT

(1.) THE Petitioners have filed the present Civil Revision Petition challenging the fair and decretal order of the learned First Additional District Judge Coimbatore dated 9.4.2010 made in I.A.No.1199 of 2009 in O.S. No.596 of 2008.

(2.) THE Defendants in the said Suit are the Petitioners and the Plaintiffs thereon are the Respondents.

(3.) THE learned Senior Counsel appearing for the Petitioners contended that " (i) When once the Respondents herein being the Plaintiffs in the above referred Suit have accepted the execution of the Sale Deeds, even if there is any unpaid sale consideration, the suit could be filed only for the alleged unpaid sale consideration. While so, the relief that has been sought for by the Respondents herein is not sustainable. (ii) THE Court below erred in holding that the plea of undue influence, fraud and misrepresentation raised by the Respondents herein is sufficient to seek for cancellation of the registered Sale Deeds when the Respondents themselves have categorically pleaded that they have voluntarily executed the Sale Deeds after receiving the cancellation. (iii) THE Court below failed to see that the Suit as framed is not maintainable and it is barred by law. (iv) THE Court below ought to have seen that the Respondents are trying to waste the precious judicial time by filing the vexations Suit. (v) THE Application filed by the Petitioners under Order 7, Rule 11 of the Code of Civil Procedure has not been considered in proper perspective and the dismissal is against the principles laid down by various pronouncement of this Court as well as the Apex Court.