LAWS(MAD)-2016-6-310

JAMBUVENI Vs. LEELAVATHY; BALAGURU; PATTAMMA; ARUMUGAM; GANDHIMA; MAHALINGAM

Decided On June 17, 2016
Jambuveni Appellant
V/S
Leelavathy; Balaguru; Pattamma; Arumugam; Gandhima; Mahalingam Respondents

JUDGEMENT

(1.) Again abuse of process of law has been exhibited by the revision petitioner by filing another Civil Revision Petition challenging the order passed in E.A.No.5 of 2016 in E.A.No.150 of 2014 in M.P.No.284 of 2004 in E.P.No.107 of 2004 in Ejt.Suit No.32 of 1986 on the file of the Registrar, Court of Small Causes, Chennai.

(2.) Pursuant to the decree passed in the Ejectment Suit in Ejt.Suit No.32 of 1986 dated 22.09.2003, the 1st respondent/Decree Holder filed an Execution Petition in E.P.No.107 of 2004. Challenging the decree passed in the Ejectment Suit, the petitioner filed Ejectment Appeal with a petition to condone the delay and on 06.08.2004, the said petition was dismissed by the Court of Small Causes, Chennai and consequently, the Ejectment Appeal was also dismissed. Challenging the said order, the petitioner preferred a Civil Revision Petition before this Court in C.R.P.No.2127 of 2004 and this Court dismissed the Civil Revision Petition on 23.02.2012 holding that the Ejectment Appeal is not maintainable.

(3.) Thereafter, the petitioner filed a Civil Revision Petition in C.R.P.(NPD).No.1961 of 2012 with a delay of 3010 days and the delay was condoned by this Court and by order dated 10.12.2013, the Civil Revision Petition was dismissed on merits. Against the said order, the petitioner preferred a Special Leave Petition before the Hon'ble Supreme Court of India in S.L.P.No.20156 of 2014, which was also dismissed by the Apex Court. By order dated 08.08.2014, the Hon'ble Supreme Court dismissed the Special Leave Petition observing as follows: