V.SRIRAMULU Vs. D.PREMA

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the 1 st to 5 th defendants in O.S. No. 5681 of 2016, pending on the file of the XVII Assistant City Civil Court, Chennai. They are aggrieved by the dismissal of I.A. No. 4833 of 2017, by order dated 05.02.2020. The said Interlocutory Application had been filed by them under Order VII Rule 7 (a), (b) and (d) of CPC to reject the plaint as barred by law, as having no cause of action and want of appropriate court fees.

(2.) The suit in O.S. No. 5681 of 2016 had been filed the plaintiff/1 st respondent herein against the present revision petitioners and another defendant J. Venugopal, who had chosen not to participate either in hearings of the Interlocutory Application or before this Court. The suit had been filed seeking a declaration that a Partition Deed dated 11.02.2000 executed among the revision petitioners/1 st to 5 th defendants and registered as Document No. 409 of 2000 in the Office of the Sub Registrar, Purasaiwakkam, and an exparte decree dated 28/02/2003 passed in O.S. No. 5725 of 2002 on the file of the VIII Assistant City Civil Court, Chennai filed by the revision petitioners/1 st to 5 th defendants against the 6 th defendant J. Venugopal are both null and void and for a permanent injunction restraining the revision petitioners/1 st to 5 th defendants from interfering with the possession of the plaintiff of the property bearing No. 20/2, Ponappa Mudali Street, Vysarpadi, Chennai and for costs.

(3.) Heard arguments advanced by Mrs. Hema Sampath, learned Senior Counsel on behalf of the revision petitioners/1 st to 5 th defendants and Mr.R.Manickavel, learned Counsel on behalf of the 1 st respondent/plaintiff.