N A SHANMUGASUNDARAM Vs. VIGNESH KUMAR

JUDGEMENT

(1.) THE defendants 3 to 5 in O.S.No.3257 of 2004 are the revision petitioners before this Court.

(2.) O.S.No,3257 of 2004 (originally filed in O.S.No,945 of 1997) was filed by the respondents/plaintiffs for partition, separate possession and also for consequential injunction.

(3.) THIS was resisted by the respondents/plaintiffs by filing a counter contending that as the order dated 18-12-2006 made in CRP.No.12260 of 2006 by the High Court has reached its finality, the revision petitioners could not maintain the application as the order passed in the CRP would operate as res judicata. The trial Court by order dated 24-01-2008 accepted the objections raised by the respondents/plaintiffs and accordingly dismissed the application. The trial Court further found that I.A.No,631 of 2007 was filed after six years from the date when they were set ex-parte and therefore, they could not maintain the application. Aggrieved by the order of the trial Court, the above revision has been filed by the defendants 3 to 5 in the suit.