RAVIKUMAR Vs. ELANGOVAN

JUDGEMENT

(1.) The revision petitioner / defendant in suit in O.S.No.724 of 2017 on the file of the learned Sub Court, Karur, by way of this Civil Revision filed under Article 227 of the Constitution of India seeks to struck off the suit plaint as abuse process of Law.

(2.) It is the case of the revision petitioner that the respondents 1 to 4 herein have filed the above suit in O.S.No.724 of 2017 as against the revision petitioner and respondents 7 and 8 herein for the relief of Declaration and Permanent Junction in respect of suit property situated in S.F.No.8/1 measuring an extent of 5 acres in Mookanakurichi Village. In the said suit the respondents 1 to 4 / plaintiffs set up a claim as though they purchased the property from respondents 5 and 6 in the year 2008.

(3.) According to the revision petitioner the present suit plaint in O.S.No.724 of 2017 on the file of learned Sub Court, Karur, is liable to be struck down since being a collusive and fraudulent suit framed by the respondents 1 to 4 to overcome their failure in earlier round of litigation claiming right and title over suit property, which went up to the Hon'ble Apex Court and decided in favor of the revision petitioner.