The court emphasized that claims of vexatious suits should be resolved in trial, not through premature revisions, affirming procedural adherence in civil litigation.

ORDER :

R.SAKTHIVEL, J.

1. This Civil Revision Petition is filed under Article 227 of the Constitution of India, 1950, praying to strike off the plaint in O.S. No.394 of 2022 on the file of the III Additional District Munsif Court, Coimbatore, by the defendants 1 to 7 therein.

2. The revision petitioners 1 to 7 herein are the defendants 1 to 7 in the Suit in O.S. No.394 of 2022. The respondents 1 to 6 herein are the plaintiffs and the 7^th respondent - trust herein is the 8^th defendant therein.

3. Mrs.V.Srimathi, learned Counsel for the revision petitioners would submit that, earlier, seventh respondent - trust filed a Suit in O.S. No.1380 of 2014 against the revision petitioners and one V.Prakash. The said Suit was decreed by the learned Principal Subordinate Judge, Coimbatore. Assailing the Judgment and Decree passed therein, the revision petitioners herein / defendants therein filed an appeal in A.S. No.39 of 2017 on the file of the learned District Judge, Coimbatore. After a complete trial, the learned IV Additional District & Sessions Judge, Coimbatore, allowed the appeal and set aside the Judgment and Decree passed in O.S.No.1380 of 2014. Subsequently, the plaintiff in O.S.No.1380 of 2014 preferred a Second Appeal before this Court in S.A.No.559 of 2022 and the same was dismissed vide Judgment dated August 4, 2022. While so, now, the seventh respondent - trust in collusion with the respondents 1 to 6 / plaintiffs have filed a fresh Suit in O.S. No.394 of 2022 seeking injunction against the revision petitioners, which is the present Suit. She would further submit that, when already the Suit filed by the seventh respondent - trust for declaration and permanent injunction was dismissed by the Appellate Court, the present Suit has been filed only with a view to harass the revision petitioners. The present Suit in O.S. No.394 of 2022 is an abuse of process of law. Accordingly, she would pray to strike off the plaint in O.S. No.394 of 2022.

4. Though the respondents 1 to 6 herein and the seventh respondent - trust herein initially entered appearance through their respective Advocates, they did not later appear before this Court to contest their case, despite names being mentioned in the cause list.

5. This Court has considered the submissions made by the learned Counsel for the revision petitioners and perused the case file.

6. From a perusal of the typed set of papers, it could be seen that the seventh respondent - trust filed an earlier Suit in O.S. No.1380 of 2014 seeking declaration that seventh respondent - trust is in effective management and administration of Sree Matheswaran and Sree Shirdi Saibaba Temple consecrated on April 1, 2012, situated in an extent of 15 Cents in Re-Survey No.483/1 of Naickenpalayam Village, Coimbatore North Taluk, Coimbatore District, and also for permanent injunction. It could further be seen that the said Suit was decreed and a first appeal was preferred by the revision petitioners / defendants therein, and the Appellate Court allowed the appeal and set aside the Judgment and Decree in the earlier Suit in O.S. No.1380 of 2014 and thereby dismissed the said Suit. Subsequently, the plaintiff in O.S.No.1380 of 2014 preferred a Second Appeal before this Court in S.A.No.559 of 2022 and the same was dismissed vide Judgment dated August 4, 2022.

7. In these circumstances, the respondents 1 to 6 / plaintiffs have filed the present Suit for permanent injunction. Case of respondents 1 to 6 / plaintiffs in the present Suit is that they are the worshippers of the Suit temple; that the Suit temple is situated in poromboke land; and that they are not in any manner connected wit