K.CHANDRAN Vs. V.GEETHALAKSHMI

JUDGEMENT

(1.) THIS is an application filed by defendants 1 to 3 and 12 to reject the plaint in the present suit.

(2.) RESPONDENT is the plaintiff and she filed the suit as against the defendants numbering 12 for the following reliefs;

(3.) IT is the further case of the applicants that one Vasudevan filed a suit in O.S.7972 of 1983 for specific performance against the legal heirs of Balakrishna Naicker in respect of the suit property. The said suit was decreed on 30.04.1985 in his favour. In the said situation, on 06.05.1985, the legal heirs of Balakrishna Naicker had sold the suit property to applicants 1 and 2, viz., Chandran, Meena and one Varadhan in and by three separate sale deeds, registered as Doc.Nos.1303, 1304 and 1305 of 1985 on the file of District Registrar-South. Since the suit O.S.7972 of 1983 was decreed in favour of Vasudevan, the legal heirs of Balakrishna Naicker had filed an appeal in A.S.677 of 1988. In the said appeal, applicants 1 and 2 and Varadhan have filed impleading petitions in CMP.1323 and 1324 of 1989 to implead themselves as parties to that appeal since they have purchased the suit property from the legal heirs of Balakrishna Naicker and the said petitions were allowed; however, ultimately, A.S.677 of 1988 was dismissed confirming the decree granted by the trial court for specific performance. Against the dismissal of appeal, two second appeals came to be filed, one by legal heirs of Balakrishna Naicker in S.A.No.1115 of 1990 and another by applicants 1 and 2 and Varadhan in S.A.No.1119 of 1990. Both the second appeals were allowed and the suit was dismissed by judgment dated 17.10.2001 by this court. Against which, the said Vasudevan filed SLP (Civil) 12515 of 2002 before the Hon'ble Supreme Court. The said SLP was also dismissed on 19.08.2002. Subsequently, the review application filed by Vasudevan in Review SR 52689 of 2006 and 66230 of 2007 to review the order passed in Second appeals were also dismissed on 05.02.2007 and 7.12.2007 respectively. Thus, the suit filed by Vasudevan had reached the finality.