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2018 Supreme(Mad) 1281

V.M.VELUMANI
S. Venkatasubramaniam – Appellant
Versus
Ramani – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. T.R. Rajagopalan, M/s. N. Anand Venkatesh
For the Respondents: Mr. S. Chellapandian, Mr. M. Santhanaraman

ORDER :

This Civil Revision Petition has been filed against the fair and final order dated 13.02.2015 made in I.A.No.802 of 2014 in O.S.No.5893 of 2013, on the file of XV Asst. City Civil Court, Chennai.

2. The petitioners are defendants 1 to 3, 5 to 7, respondents 1 & 2 are plaintiffs and 3rd respondent is the 4th defendant in O.S.No.5893 of 2013 on the file of City Civil Court, Chennai. The respondents 1 & 2 filed the above suit against the petitioners, third respondent and others for declaration declaring that the decree passed in O.S.No.14133 of 1996 dated 20.10.2006 as null and void and not binding upon the respondents 1 & 2 and for permanent injunction restraining the petitioners 1 to 3, 5 & 6 and 3rd respondent and others from encumbering the suit schedule property. The petitioners alongwith third respondent filed I.A.No.802 of 2014 in O.S.No.5893 of 2013 under Order VII Rule 11 CPC r/w Section 151 CPC for rejection of plaint on the following grounds:-

(i) in view of the earlier suit C.S.No.640 of 2010 filed before this Court by respondents 1 & 2, the present suit is hit by principles of rejudicata

(ii) the respondents have not obtained leave under Order II Rule 2 CPC for filing

































































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