MUKANCHAND BOTHRA MAYAVARAM BOTHRA Vs. KULWANT SINGH

JUDGEMENT

(1.) ORIGINAL Side Appeals arise out of the order dated 24.02.2010 made in A.No.6341 of 2009 & O.A.No.638 of 2007 respectively in C.S.No.456 of 2007.

(2.) FIRST respondent herein as a plaintiff filed a suit in C.S.No.456 of 2007 for declaration that the decree passed in C.S.No.205 of 1999 is a nullity and not binding on the plaintiff and also declaration that the order dated 23.07.2004 passed by the Execution Court in E.P.No.100 of 2003, is a nullity and not binding on the plaintiff and declaration that the sale deed dated 10.02.2005 registered as Document No.1999/2005 on the file of the Sub-Registrar Office, Tirupporur, in respect of the suit scheduled property executed by the Registrar, High Court, Madras, in favour of the first defendant is null and void and non-est in the eye of law and for other reliefs.

(3.) THE first respondent herein as a plaintiff resisting A.No.6341 of 2009 stating that there is a substantial issue raised in the suit and hence, the suit cannot be rejected as not maintainable as abuse of process of Court. After hearing both sides, the learned Single Judge has dismissed the application in A.No.6341 of 2009 directing both the parties to maintain status-quo till the disposal of the suit in O.A.No.638 of 2007, against which, the present appeals have been preferred by the appellant/first defendant in the suit.