G DEVAKADASHAM Vs. DANIEL DIWAKAR

JUDGEMENT

(1.) The defendants 1 to 7, 9 and 10 in O.S. No. 6737 of 2012 on the file of the XV Assistant Judge, City Civil Court, Chennai, are the revision petitioners. The first respondent herein filed the suit against the revision petitioners and others for declaration, mandatory injunction and permanent injunction and also filed I.A. No. 16303 of 2012 under Order 39 Rule 1 CPC for the grant of ad-interim injunction and ad-interim injunction was granted on 01.11.2012 and the same was challenged in CRP(PD) No. 4399 of 2012 by the revision petitioners herein.

(2.) In CRP(PD) No. 4580 of 2012, the revision petitioners prayed for striking off the plaint on the ground of re-litigation and abuse of process of court.

(3.) Mr. V. Prakash, the learned Senior counsel appearing for the revision petitioners submitted that the court below ought not to have taken cognizance of the suit filed by the first respondent and the suit filed by the first respondent is a clear abuse of process of court and it amounts to re-litigation and therefore, the plaint in O.S. No. 6737 of 2012 is liable to be struck off from the file.