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2024 Supreme(Mad) 867

R. VIJAYAKUMAR
S. K. J. Murugan – Appellant
Versus
Arunachalam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.G.Prabhu Rajadurai
For the Respondent: Mr.G.Radhakrishnan, Mr.D.Gandhiraj, Mr.J.Barathan

ORDER :

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

PRAYER: The Civil Revision Petition has been filed under Article 227 of the Constitution of India, to struck off the plaint in O.S.No.41 of 2017 on the file of the District Munsif Court, Tiruneveli.

A third party to O.S.No.41 of 2017 on the file of the District Munsif Court, Tirunelveli has filed the above revision petition seeking to strike off the plaint on the ground of re-litigation amounting to abuse of process of Court.

(A) Facts leading to the filing of the present revision petition are as follows:

2. The respondents 1 and 2 herein had filed the above suit as against the private person one K.R.Pauldurai who is the first defendant and against the revenue and police officials who are arrayed as defendants 2 to 5 in the suit.

3. It is the contention of the plaintiffs that they belong to Senthikantha Nadar Vagaiyara and the suit schedule properties are the absolute properties of the said Vagaiyara. However, the defendants are attempting to disturb their possession. Hence, they have filed the suit for permanent injunction that the defendants should not interfere in their peaceful possession and enjoyment of the suit schedule properties of

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