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2005 Supreme(Mad) 987

A.KULASEKARAN
V. Kandasamy – Appellant
Versus
C. Kandasamy & Others – Respondent


Advocates Appeared:For the Petitioner:Krishnaveni, Advocate. For the Respondents:Srinivasa Raghavan, Advocate.

Judgment :-

(Revision under Article 227 of The Constitution of India against the order dated 31-10-2002 made in I.A. No. 555 of 2001 in O.S. No. 182 of 1998 on the file of the Additional District Munsif Court, Karur.)

The plaintiff is the revision petitioner, who has filed the suit in O.S. No. 182 of 1998 before the District Munsif Court, Karur for declaration and for other reliefs. In the said suit, the first defendant has filed I.A. No.555 of 2001 praying to decide the preliminary issue as to whether the suit is barred by resjudicata or not, which was allowed by the trial court by order dated 31-10-2002 and the same is challenged in this revision petition invoking Article 227 of the Constitution of India.

2. The case of the respondents in the said interim application was that the petitioner herein has already filed a suit in O.S. No. 587 of 1990 before the District Munsif Court, Karur against them for permanent injunction from interfering with their possession and enjoyment of the property; that the said suit was dismissed and later, the petitioner herein has filed A.S. No. 78 of 1994 which was also dismissed and in view of the said fact that the issue involved in the present suit


























































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