JUDGMENT

(Prayer :Civil Revision Petition filed under Article 227 of the Constitution of India, to strike off the plaint in O.S.No.255 of 2017 as well as all proceedings in the said suit on the file of the District Munsif Court, Madurai Town.)

1. This Civil Revision Petition is filed to strike off the plaint in O.S.No.255 of 2017 on the file of the District Munsif Court, Madurai Town.

2. The brief facts of the case: The revision petitioners are the defendants in O.S.No.255 of 2017 on the file of the District Munsif Court, Madurai Town. The respondent/plaintiff has filed the main suit in O.S.No.255 of 2017 for injunction restraining the petitioners/defendants from preventing the construction of compound wall by the respondent/plaintiff on the western side of the suit ''''B'''' schedule property. On service of suit notice along with the copy of plaint, the revision petitioners have filed this present Civil Revision Petition under Article 227 of the Constitution of India to strike off the plaint in O.S.No.255 of 2017 on the file of the District Munsif Court, Madurai Town.

3. Heard both sides and perused the records in this Civil Revision Petition.

4. The learned counsel appearing for the revision petitioners has argued that the subject matter of the suit property has already decided in O.S.No.1422 of 2004 by the learned District Munsif, Madurai Town and the same was confirmed in A.S.No.56 of 2007 on the file of the Principal Sub Court, Madurai and in S.A.No.516 of 2011 on the file of this Court. Therefore, the respondent/plaintiff is precluded from reagitating the issue which already attained finality. The Trial Court ought to have rejected the plaint as the plaint averments do not disclose any cause of action. Therefore, the revision petition may be allowed by striking off the plaint in O.S.No.255 of 2017 on the file of the District Munsif Court, Madurai Town.

5. Per contra, the learned counsel for the respondent has vehemently contended that the suit ''''A'''' Schedule and ''''B'''' Schedule properties originally belonged to Pappammal @ Gnanadheepan and she constructed two houses therein. There is an open area in and around the two houses for the common enjoyment of the properties. The respondent /plaintiff and one Paul Ponniah are her sons. The revision petitioners/defendants are children of Paul Ponniah. The said Pappammal @ Gnanadheepam bequeathed the ''''A'''' schedule property to the respondent/plaintiff by way of Will dated 28.08.1974 and ''''B'''' schedule property to his elder son Paul Ponniah by virtue of settlement deed dated 27.08.1974. Since there was demarcation of properties, dispute arose and the plaintiff’s brother Paul Ponniah filed the suit for injunction regarding the common gate in between ''''A'''' schedule and ''''B'''' schedule property. Thereafter, the respondent/plaintiff has made arrangements to put a wall within the measurement as given in the Will and as the defendants restricted to put up the wall, the plaintiff has filed the present suit. The petitioners can raise preliminary issue or to file the petition before the Trial Court. Without exhausting the remedy available under the provisions of the Civil Procedure Code, directly approached this Court by filing this Civil Revision Petition, which is not entertainable. Therefore, this Civil Revision Petition may be dismissed.

6. On hearing both sides and on perusal of records, it is clear that the petitioners are defendants in O.S.No.255 of 2017 on the file of the District Munsif Court, Madurai Town. The respondent filed the main suit seeking permanent injunction restraining the respondents from preventing the construction of compound wall. On perusal of plaint, the respondent has clearly stated about the earlier suit and appeal proceedings. On receipt of the present suit summons, the defendants/ revision petitioners herein have directly filed this Civil Revision Petition under Article 227 of the Constitution of India for striking off the plaint in O.S.No.255