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C.R.P.(MD)No.1900 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03.02.2026

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

C.R.P.(MD)No.1900 of 2023

and

C.M.P.(MD)No.9501 of 2023

1.V.C.Panneerselvam

2.Nimala ... Petitioners

-vs.-

1.V.C.Ganesan

2.Ravichandran ...Respondents

PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of

India to call for the records relating to fair and decreetal order in I.A.No.36 of

2022 in O.S.No.184 of 2021 on the file of the Additional District Court,

Pudukottai, dated 30.08.2022 and set aside the same and allow this Civil

Revision Petition.

For Petitioners :Mr.N.Balakrishnan

For Respondents :Mr.G.Mathavan

*****

ORDER

The present Civil Revision Petition has been filed challenging the order

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C.R.P.(MD)No.1900 of 2023

passed by the learned Additional District Judge, Pudukottai, in I.A.No.36 of

2022 in O.S.No.184 of 2021, dated 30.08.2022.

2.Heard Mr.N.Balakrishnan, learned Counsel for the petitioners and

Mr.G.Mathavan, learned Counsel for the respondents.

3.The respondents, as plaintiffs, have filed a suit in O.S.No.184 of 2021

before the Additional District Court, Pudukottai, for partition and for

injunction, against the petitioners/defendants. During the pendency of the suit,

the petitioners herein have filed an application in I.A.No.36 of 2022 under

Order VII Rule 11 CPC to reject the plaint, on the ground that the joint family

properties has already have already been partitioned, which was confirmed in

an earlier partition suit in O.S.No.146 of 2004. The learned Additional District

Judge, Pudukottai, vide impugned order, dated 30.08.2022, had dismissed the

said petition by holding that the grounds raised by the petitioners are triable in

nature and that the same can be decided only at the time of trial. Challenging

the same, the present Civil Revision Petition has been filed.

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C.R.P.(MD)No.1900 of 2023

4.Mr.N.Balakrishnan, learned Counsel appearing for the petitioners

submitted that originally a suit was filed in O.S.No.146 of 2004 for partition

between the present petitioners and the respondents, where, a judgment was

delivered on 14.09.2007, partitioning the properties as per their respective

claims. Thereafter, an execution petition was filed by the petitioners. However,

the trial Court has not taken into consideration the fact the respondents herein

have not raised the plea of partial partition in the earlier suit and they have not

filed a petition to include the suit properties in that suit, which is fatal. He also

submitted that the present suit filed by the respondents is hit by Order II Rule 2

of CPC, as the respondents ought to have filed a counter claim in the earlier

suit. He also submitted that the present suit is not maintainable, as the family

properties were already divided during 1999.

5.He also submitted that the first petitioner was subjected to lengthy

cross examination in the earlier suit that he swindled the family fund and

utilizing the same, he had purchased the properties in his name as well as in the

name of his wife and those contentions were rejected by the Court below as

well as by this Court. Hence, as per the principles of constructive res judicata,

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C.R.P.(MD)No.1900 of 2023

the present suit is not maintainable. The learned Counsel for the petitioners

further submitted that there cannot be a second suit in a partition and therefore,

once a partition suit has come to an end, there cannot be a second partition suit.

In support of his contention, the learned Counsel for the petitioners had relied

upon a judgment of the Hon'ble Supreme Court, reported in 2004 (4) CTC 143

in K.G.Sivalingappa (dead) by LRs and others vs G.S.Eswarappa and others

wherein, the Hon'ble Sup