M. PRINCE MANOHAR Vs. BHIMA LAKSHMI NARASAMMAH

JUDGEMENT

(1.) AGGRIEVED by the order dated 29.01.2009 passed by the learned XIII Assistant Judge, City Civil Court, Chennai in I.A. No. 21572 of 2008 in O.S. No. 7120 of 2008 wherein and by which the petition filed Order 7 Rule 11 C.P.C. seeking to reject the plaint, was dismissed, the Defendants 4 to 9 have preferred this Civil Revision Petition.

(2.) FROM the materials available on record, it is seen that the First Respondent as Plaintiff earlier filed a Suit in O.S. No. 1974 of 2001 for bare injunction and the same came upto this Court and finally ended in dismissal in C.M.A. No. 207 of 2001. The Revision Petitioners also filed a suit in O.S. No. 7077 of 2000 for declaration and permanent injunction in which the Respondent No. 1 figured as a defendant, was also finally decided by this Court in S.A. No. 761 of 2008 by judgment dated 14.7.2008.

(3.) BEFORE going into the merits of the case, it would be relevant to state the earlier litigations between the parties. The Revision Petitioners as Plaintiffs filed a suit in O.S. No. 7077 of 2000 for declaration that the store, A.C., M.E.S., Rooms referred in the approved plan as common area, for a mandatory injunction to demolish the unauthorized construction and for permanent injunction restraining the Third Defendant in the Suit not to alienate or encumber the super structure constructed in the basement of the Schedule A mentioned property and also not to construct any further super structure in Schedule A mentioned property. The said Suit was decreed by judgment dated 24.01.2007 and the appeal filed in A.S. No. 385 of 2007 was dismissed by the First Appellate Court vide judgment dated 27.11.2007 and further confirmed by this Court in S.A. No. 761 of 2008 on 14.7.2008.