C. VALLIAPPA Vs. H. SYED ABUTHAKIR AND ORS.

JUDGEMENT

(1.) THE second defendant in O.S. No. 488 of 2014 on the file of the Principal District Munsif, Tiruchirapalli, has come up with the instant Civil Revision petition invoking Article 227 of the Constitution of India seeking to strike off the plaint in the above suit. The revision has been filed under Article 227 of the Constitution of India to strike off the plaint as abuse of process of Court.

(2.) THE first respondent herein as plaintiff has instituted the Original Suit No. 488 of 2014 on the file of the Court of Principal District Munsif, Tiruchirapalli, praying to declare the registered Cancellation of the Settlement Deed dated 06.02.2014 and also the registered Cancellation of Power of Attorney Deed in Document Nos. 486 of 2014 and 487 of 2014 respectively registered in the office of Sub Registrar, K. Sathanur, as invalid, null and void, illegal, unenforceable, non -est and not binding on him; for permanent injunction restraining the defendants, their men, agents, servants or anybody claiming under them or associated with them from interfering with his peaceful possession and enjoyment in respect of the suit property in any manner whatsoever and also for costs.

(3.) FROM the materials available on record, it is seen that the revision petitioner is the second defendant, who is the son of the original owner Meenakshi Achi. As the present plaint is filed questioning the Cancellation of the Settlement Deed as well as the Cancellation of the Power of Attorney Deed dated 06.02.2014, the petitioner has filed the present revision petition raising the following grounds: -