The principle of res judicata does not apply when the earlier suit has not reached its finality and the causes of action in the subsequent suit are different.

ORDER :

N. SATHISH KUMAR, J.

Aggrieved over the order of the IV Additional District Court, Thiruvallur at Ponneri, dated 08.03.2024 in I.A.No.4 of 2023, dismissing the application under Order 7 Rule 11 CPC to reject the plaint in O.S.No.63 of 2023, the present revision has been filed by the 4^th defendant in the suit.

2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

3. Brief background of the case is as follows :

3.1. The plaintiffs have filed the suit in O.S.No.63 of 2023 for declaration of title over the suit property; for consequential relief of permanent injunction as against the defendants 3 and 4; for declaration of the settlement deed dated 16.09.2013 in favour of the 2^nd defendant as invalid; to declare the sale deed dated 01.06.2020 in favour of the 3^rd defendant and the sale deeds dated 13.07.2022 and 03.08.2022 in favour of the 4^th defendant as null and void and not binding on the plaintiffs; to declare the mortgage deed dated 01.12.2022 in favour of the 5^th defendant as null and void; and also for permanent injunction.

3.2. Reddy Kuppana Mudali married Aayammal. Reddy Naasamma, Reddy Muthammal and Reddy Munusamy Mudali were the children born to Reddy Kuppana Mudali and Aayammal. Reddy Naasamma and Reddy Muthammal died at young age. They both did not have any issues.

3.3. Reddy Munusamy Mudali's first wife Nallammal was Kanakammal's daughter. Nallammal died issueless. Reddy Munusamy Mudali's second wife was Raakammal, daughter of Sundarammal and Reddy Rangappa Mudali. Reddy Munusamy Mudali and Raakammal had four children namely Balakrishnan, Kamatchi Ammal, Kangammal and C.M.Raja. Balakrishnan and his wife Manikammal had two children Devaraj and Malliga, who both died unmarried. Balakrishnan died about 50 years ago. Manikammal also is no more.

3.4. Reddy Munusamy Mudali and Raakammal had given their daughters Kamatchi Ammal and Kanagammal in marriage and provided them sufficient Shridhana. Kamatchi Ammal got settled with her husband Venkatasubaraju Mudali and Kangammal got settled with her husband Appavu Mudali. Kamatchi Ammal and Kangammal were settled immovable assets by way of settlement and they had given up all their rights and interest in the other family properties of Reddy Munusamy Mudali and Raakammal, including the suit properties. Only the last son C.M.Raja was taking care of Reddy Munusamy Mudali and Raakammal. The 1^st plaintiff is the wife of C.M.Raja. Baakialakshmi, wife of Kothandam, Ragini, wife of Sadhasivam, and Gnanasekar (2^nd plaintiff) are the children born to C.M.Raja and the 1^st plaintiff.

3.5. Reddy Narayana Mudali married Periya Kuzhandhai @ Lakshmi Ammal. Sundarammal and Reddy Kishtappa Mudali were the children born to Reddy Narayana Mudali and Periya Kuzhandhai. Reddy Kishtappa Mudali married Amirthammal. They had no issues. Sundarammal was married to Reddy Rangappa Mudali. Their only daughter was Raakammal, who married Reddy Munusamy Mudali, S/o.Reddy Kuppanna Mudali, as detailed above.

3.6. Reddy Kishtappa Mudali's wife Amirthammal was the daughter of Chellappa Mudaliar and Paapammal. Kulappa Mudaliar and Annammal were the other children born to Chellappa Mudaliar and Pappammal. Kulappa Mudaliar and his wife Lakshmi had four children namely Ponnuvel Mudaliar, Kamsala @ Kowsalya (1^st defendant), Prakasam and Rajababu. Out of them, 1^st defendant and Rajababu alone are