V KAMALA Vs. S M A BASHEER AHMED

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 05.08.2013 made in I.A.No.641 of 2013 in O.S.No.254 of 2013 on the file of the Additional District Munsif Court, Alandur.

(2.) The petitioner is the first defendant and respondents are the plaintiffs in O.S.No.254 of 2013 on the file of the Additional District Munsif Court, Alandur. The respondents filed suit against the petitioner and her son for permanent injunction restraining the petitioner and her son from encroaching the suit schedule property and thereby disturbing the respondents' peaceful possession and enjoyment of the suit schedule property. The petitioner filed I.A.No.641 of 2013 under Order VII Rule 11 of C.P.C. for rejection of plaint on the ground that the suit is hit by the principles of resjudicata.

(3.) According to the petitioner, with regard to suit property, the petitioner filed O.S.No.39 of 1999 against the father of the respondents for injunction. The said suit was decreed. Challenging the same, father of the respondents filed A.S.No.63 of 2009 on the file of the Subordinate Court, Tambaram and the same was dismissed. Against the same, father of the respondents filed S.A.No.2002 of 2011 on the file of this Court and the same was dismissed. The father of the respondents did not file any S.L.P. and judgment and decree passed in O.S.No.39 of 1999 have become final. In the circumstances, the present suit filed by the respondents is hit by the principles of resjudicata and the suit is barred by law.