A.VENKATASAMY Vs. S.LAKSHMI

JUDGEMENT

(1.) THE Civil Revision Petition is filed to strike off the plaint in O.S.No.3 of 2012, pending on the file of the District Munsif Court, Thirukkalukundram.

(2.) THE first respondent herein filed the above suit for setting aside the decree, dated 24.04.2009, passed by this Court in C.S.No.287 of 2009, on the ground that the compromise decree is vitiated by fraud and not binding on the first respondent/plaintiff and also to set aside the sale deed, dated 8.4.2010, executed, pursuant to the decree passed in C.S.No.287 of 2009 and for the relief of declaration that she is the absolute owner of the suit property and for permanent injunction. In that suit, it is alleged by the first respondent/plaintiff that the suit property, originally belonged to the third defendant, Mrs.Sophia Parveen and she sold the same through her power agent and husband, by name Habibur Rehman in favour of one Mr.Sanjiappa Reddy, under two sale deeds, dated 24.3.2004 and 31.5.2004 and from the said Mr.Sanjiappa Reddy, the first respondent/plaintiff purchased those properties and is in possession of the same and when there was an attempt by the revision petitioner to get patta, she made enquiries and found that the revision petitioner in collusion with the third respondent, filed C.S.No.287 of 2009, on the file of this Court for specific performance of an agreement of sale, dated 30.08.1994, wherein, a compromise decree was passed defeating the rights of the purchasers from the third respondent. Therefore, the first respondent/plaintiff filed O.S.No.3 of 2012, for the relief, as stated above. This suit is sought to be strike off by the revision petitioner in this Civil Revision Petition.

(3.) THE learned counsel for the revision petitioner further submitted that this case is a clear abuse of process of Court and knowing fully well that the revision petitioner got the sale deed executed in his favour by this Court on the basis of the agreement of sale, earlier to the sale in favour of the vendor of the plaintiff, the first respondent/plaintiff cannot sustain any title to the suit property and therefore, the suit is liable to be struck off.