RAJKUMAR S.METHA Vs. RENUKA DEVI

JUDGEMENT

(1.) This civil revision petition has been filed by the petitioners seeking to reject the plaint in O.S.No.183 of 2017, which was filed by the respondent.

(2.) The petitioners are the defendants in the suit in O.S.No.183 of 2017 and the respondent is the plaintiff. The respondent/plaintiff filed the present suit seeking permanent injunction against the petitioners/defendants. Pending the above suit, the petitioners moved this Court seeking rejection of plaint, on the ground that the suit is hit by principle of re-litigation and abuse of process of Court.

(3.) The learned counsel appearing for the petitioners would submit that the respondent/plaintiff claims to be the owner of the property comprised in Survey No. 168/3E1A1A1C2A situated in Pattipulam Village, Thiruporur Taluk, Kancheepuram District. For the said property, the respondent/plaintiff mentioning four boundaries which are actually the boundaries of the property belonged to the petitioners in Survey No. 168/4, 168/5 and 168/6 in the same village and taluk, but the petitioner's properties are not adjacent. The respondent/plaintiff herein and her mother (late) tracing their title to Survey No. 168/3E1A1A1C2A from one Munusamy Naicker, Adhimoola Naicker and subsequently from one Kishtappa Naicker. In the above circumstances, claiming title to the suit schedule property in Survey No.168/3E1A1A1C2A, the respondent/plaintiff's mother Kamatchi Ammal instituted a suit for declaration of title and for injunction in O.S.No.269 of 1999 (1st Suit) against the petitioners herein and others as defendants and the boundaries mentioned for the above Survey Number are as follows; On the East by Bay of Bengal, On the West by ECR, On the South by Selvaraj Mudaliar land, On the North by Parthiban Vagayara land