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2025 Supreme(Online)(Mad) 10752

MADRAS HIGH COURT
P. B. Balaji, J.
Muthukumar S. v. V. M. Thirumurugan


1. The defendants 1 to 6 have taken out an application invoking the extraordinary and discretionary jurisdiction of this Court under Art.227 of Constitution of India, seeking to strike off the plaint in O.S.No.61 of 2025 before the District Munsif Court, Gobichettipalayam, Erode.

2. I have heard Mr.V.Raghavachari, learned Senior Counsel for Mr.K.Krishnan, learned counsel for the petitioners and Ms.Avanthika Vasu and Ms.Danyuktaa Shruti, learned counsel for the respondents.

3. Mr.V.Raghavachari, learned Senior Counsel appearing for the revision petitioners would submit that the suit is an abuse of process of law and having been a party to earlier partition suit proceedings, the respondents have chosen to file a fresh suit, despite final decree having been passed in the suit for partition, claiming that they are co - sharers and dwellers, carrying out agricultural activities in the suit property and that their possession should be protected, by grant of permanent injunction to restrain the revision petitioners from in any manner obstructing, disturbing or dispossessing the plaintiffs. The learned Senior Counsel would take me through the suit for partition, the preliminary decree pass











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