A decree obtained by fraud can be challenged in a subordinate court, reinforcing that judicial review under Article 227 is applicable when fraud is alleged.

18.C.Govindaraj Respondents PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India , to strike off the plaint in O.S. No.309 of 2022 on the file of the learned Principal Subordinate Judge, Hosur.

For Petitioner : Mr.S.Parthasarathy, Senior Counsel for Mr.P.Dinesh Kumar For Respondents : Mr.M.Venkatesh, for Mr.R.Jayaprakash for R1 No Appearance for R2 to 5, 7, 9 to 18 R6 & R8 -Died **********

O R D E R

The revision petitioner seeks to strike off plaint in O.S.No.309 of 2022 on the file of the learned Principal Subordinate Judge, Hosur. 2. I have heard Mr.S.Parthasarathy, learned Senior Counsel for Mr.P.Dinesh Kumar and Mr.M.Venkatesh for Mr.R.Jayaprakash, learned counsel for the first respondent/plaintiff.

3.Mr.S.Parthasarathy, learned Senior Counsel would state that the suit is a sheer and gross abuse of process and in this regard, he would invite my attention to the reliefs that have been sought for in the plaint.

Referring to the judgment and decree in O.S.No.101 of 2018 in favour of the second defendant passed on 04.09.2019 on the file of the Principal District Judge, Krishnagiri.

“01) To Declare the Plaintiff Title over the suit Schedule property in favour of the Plaintiff.

02) To Direct the Defendant No:-2 to Deliver the possession of the Suit Scheduled Property to the Plaintiff.

03). To Declare the Sale Deed No:-1375/2018 Dated

25.01.2018 in favour of the Defendant No:-1 executed by the Defendant as “Cancel” and it was Registered before Sub Registration Office, Hosur.

04) To Declare the Sale Deed No:-3045/1992 Dated

13.07.1992 in favour of the Defendant No:-4 executed by the Defendant No:-3 as “Null and Void” and it was Registered before Sub Registration Office, Hosur.

05) To Declare the Sale Deed No:-4854/2004 Dated

26.08.2004 in favour of the Defendant No:-5 executed by the Defendant No:-6 as “Null and Void” and it was Registered before Sub Registration Office, Hosur.

06) To Declare the G.P.A. No:- 819/2003 Dated

12.12.2003 in favour of the Defendant No:- 6 executed by the Defendant No:-4 as “Null and Void” it was Registered before Sub Registration Office, Hosur.

07) To Declare the Sale Deed No:-8438/2013 Dated

10.06.2013 in favour of the Defendant No:-7 executed by the Defendant No:-5 as Null and Void and it was Registered before Sub Registration Office, Hosur.

08) To Declare the Sale Deed No:- 1669/2014 Dated

04.02.2014 in favour of the Defendant No:-8 executed by the Defendant No:-7 as “ Null and Void” and it was Registered before Sub Registration Office, Hosur.

09) To Declare the G.P.A. No:- 8727/2015 Dated 02-06-

2015 in favour of the Defendant No:-17 executed by the Defendant No:-8 to 16 as “Null and Void” and it was Registered before Sub Registration Office, Hosur.

10) To Declare the Sale Deed No:- 9466/2015 Dated

12.06.2015 in favaour of the Defendant No:-18 executed by the Defendant No:-17 as “Null and Void” and it was Registered before Sub Registration Office, Hosur.

11) To Declare the Sale Deed No:- 8328/2020 Dated

03.08.2020 in favour of the Defendant No:-2 executed by the Defendant No:-18 as “Null and Void” and it was Registered before Sub Registration Office, Hosur.

12) To Declare the Decree and Judgment in O.S. No:-

101/2018 in favour of the Defendant No:-2 passed on 04.09.2019 by Hon'ble Principal District Judge Court, Krishnagiri as “Null and Void”.

13. Granting permanent injunction against the Defendant No:-1 to 18 and their men and servants and others claiming under them restraining them from thereby not to alienate the suit schedule property in favour of third parties in the suit schedule property.

14. Granting the cost of the suit.”

the learned Senior C