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2021 Supreme(Mad) 1488

G.K.ILANTHIRAIYAN
A. Mohammed Isac – Appellant
Versus
K. Srineevasayya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :V. Lakshminarayanan, Advocate
For the Respondent:AR.L. Sundaresan, Senior Counsel for P. Valliappan, Advocate

JUDGMENT :

G.K. Ilanthiraiyan, J.

1. This Civil Revision Petition is directed as against the fair and Decretal Order, dated 13.08.2015 passed by the learned Subordinate Judge, Hosur, Krishnagiri, in I.A. No. 518 of 2014 in O.S. No. 64 of 2014 thereby dismissing the Petition filed by the Petitioner for rejection of Plaint.

2. The learned Counsel appearing for the Petitioner would submit that the Petitioner is the Defendant in the Suit filed by the Respondents for declaration declaring that the Sale Deed dated 28.06.1994 and the Will, dated 05.10.1998 are null and void and for Permanent Injunction. He would further submit that the Respondents/Plaintiffs are not parties to those documents and as such they have no locus to question both the documents. In fact, the Petitioner's father viz., Mohammed Ayub Sahib already filed a Suit in O.S. No. 279 of 1996 before the District Munsif Court, Hosur, for declaration of title in respect of very same property and the same was decreed on 31.03.2000.

2.1. Aggrieved by the said Judgment and Decree, one Sridharmurthy preferred an Appeal Suit in A.S. No. 9 of 2000, on the file of the Sub-Court, Hosur and the same was also dismissed by the Judgment and D

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