U. JINADOSS Vs. D. NAGARAJ

JUDGEMENT

(1.) The petitioners are the defendants and the respondent is the plaintiff. The respondent filed O.S. No.613 of 2014 on the file of 14th Assistant City Civil Court, Chennai for declaration that the suit schedule property is not part and parcel of the compromise decree, dated 17.12.2012 passed by the Lok Adalat, Chennai in Lok Adalat Case No. 392 of 2012 in O.S. No.7927 of 2011 on the file of 14th Assistant City Civil Court; for permanent injunction restraining the defendants 1 to 5 from disturbing the possession and enjoyment of the suit property and for permanent injunction restraining the defendants from making the suit property suffer execution without exhausting the conditions stipulated in the decree in the Lok Adalat Case No. 392 of 2012 in O.S. No.7927 of 2011 on the file of the 14th Assistant City Civil Court, Chennai.

(2.) The case of the plaintiff, in short, before the trial Court is as follows:

(3.) The petitioners herein (defendants) filed I.A. No.3889 of 2014 in O.S. No.613 of 2014, under Order 7 Rule 11 CPC to reject the plaint on the ground that the suit is barred by law and not at all maintainable and it is an abuse of process of law. It is their contention that the suit is barred under Order 21 Rule 58(2) CPC.