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2024 Supreme(Online)(MAD) 33971

MADRAS HIGH COURT
N.SANTHI – Appellant
Versus
B.SABARINATH – Respondent


ORDER

The Civil Revision Petition is filed seeking to strike off the plaint in O.S.No.161 of 2015 pending on the file of the District Court, Coimbatore.

2. The respondents 1 and 2 filed a suit for declaration of their title and recovery of possession. The present petitioner was arrayed as 16th defendant in the suit. The petitioner seeks to strike off the plaint mainly on the ground that earlier one S.Chinnadurai filed a suit in O.S.No.1258 of 2013 for a declaration that Sale Deed executed by defendants 3 to 6 therein in favour of the defendants 7 to 11 therein were null and void and for consequential mandatory injunction directing issuance of patta in his favour. The said suit was decreed. Subsequently, the petitioner herein appeared to have purchased the suit property from S.Chinnadurai. Relying on the said judgement passed in O.S.No.1258 of 2013, the revision petitioner has come up with this revision petition seeking to strike off the plaint.

3. It is the case of the petitioner that unless the earlier decree passed in favour of the predecessor-in-interest/S.Chinnadurai in O.S.No.1258 of 2013 is set aside in the manner known to law, the present suit for declaration of title filed by

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