V. VENKATASAMY Vs. S. LAKSHMI

JUDGEMENT

(1.) CIVIL Revision Petition is filed seeking direction to the trial Court to return the plaint in O.S. No. 3 of 2012 on the file of the District Munsif Court, Thirukazhukundram.

(2.) THE first respondent herein as a plaintiff filed a suit for setting aside the decree passed in C.S. No. 287 of 2009 dated 24.04.2009 vitiated by fraud and not binding on the plaintiff and setting aside the alleged sale deed dated 08.04.2010 executed in document No. 1711 of 2010 on the file of the Sub -Registrar's Office, Tiruporur as vitiated by fraud, collusion, void ab -initio and not binding on the plaintiff and to declare that the plaintiff is an absolute owner of the suit schedule property and consequential injunction.

(3.) RESISTING the same, learned counsel for the first respondent submitted that the revision petitioner herein has already filed a revision petition in C.R.P. No. 1669 of 2012 for the same relief before this Court disputing the jurisdiction of the Court as well as suit valuation and Court fee before the trial Court and the District Munsif Court, Thirukazhukundram has no pecuniary jurisdiction to entertain the suit, since the value of the property in the sale deed is Rs. 11,00,000/ -. By an order dated, 16.10.2012, this Court has held that the District Munsif Court, Thirukazhukundram has jurisdiction to entertain the suit and while dismissing the C.R.P., liberty has been given to the first defendant/revision petitioner to file an application in respect of valuation of the suit and payment of Court fee. He further submitted that the property is situated within territorial jurisdiction of the District Munsif Court, Thirukazhukundram. Hence, with a view to drag on the proceedings, the petition has been filed by the revision petitioner. Therefore, he prayed for dismissal of the revision petition.