LAWS(MAD)-2018-1-123

NATARAJAN Vs. MOORTHY

Decided On January 03, 2018
NATARAJAN Appellant
V/S
MOORTHY Respondents

JUDGEMENT

(1.) This Civil Revision Petition is filed to strike off the plaint in O.S.No.44 of 2015 on the file of the learned Principal District Munsif Court, Tirukoilur.

(2.) The petitioners are defendants 1 to 3, respondents 1 & 2 are plaintiffs and respondents 3 to 8 are defendants 4 to 9 in the suit in O.S.No.44 of 2015 on the file of Principal District Munsif Court, Tirukoilur. The petitioners have filed the present Civil Revision Petition to strike off the plaint in O.S.No444 of 2015.

(3.) According to the learned counsel for the petitioners, the first petitioner filed O.S.No.24 of 1988 on the file of District Munsif Court, Tirukoilur against his father K.V.Raman, second petitioner who is the brother of first petitioner and one M.Ranganathan, third respondent herein for declaration of his title and for mense profits. The said suit was dismissed on 22.12.1995. Against the said order, the first petitioner filed A.S.No.57of 1996 and the said appeal was allowed on 31.07.1997. Aggrieved against the said order, the third respondent herein filed S.A.No.379 of 1999 before this Court. This Court, by judgment dated 17.06.2011 dismissed the Second Appeal. The third respondent herein preferred SLP (Civil) No.6715 of 2012 before the Hon'ble Apex Court and the Hon'ble Apex Court dismissed the SLP on 19.10.2012. The first petitioner filed E.P.No.153 of 2011 in O.S.No.24 of 1988 for execution of the decree. The respondents 1 & 2 filed application under Order XXI Rule 97 claiming to be the owner of the property. The said application was rejected without being numbered. CRP (NPD) No.1079 & 1080 of 2013 filed by the respondents 1 & 2 before this Court were also dismissed on 30.04.2014. The respondents 1 & 2 filed SLP (Civil) No.18996 & 18997 of 2014 before the Hon'ble Apex Court. Both the SLPs were dismissed as withdrawn.