T. Rathnasabapathi v. N. Umadevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 1336 of 2023 & CMP No. 8959 of 2023 1.T.Rathnasabapathi 2.R.Padmavathi

...Petitioners

Vs.

1.N.Umadevi 2.S.Natesan 3.N.Sudha 4.Jayanthi 5.Vikaramaraj 6.C.Suresh 7.P.Nandakumar 8.V.M.Balusamy 9.M.Raman 10.R.S. Arumugam 11.A.Ramesh 12.A.Thangaraj 13.Suresh Babu ....Respondents PRAYER : This petition filed under Article 227 of Constitution of India, to strike off the plaint in O.S No. 44 of 2023, on the file of the District Munsif

at Dharapuram.

For Petitioner : Mrs. Chitra Sampath For R1 : Mr. K.S.Jeyaganesan For R2 to R13 : Not necessary parties.

ORDER

This petition has been filed to strike off the plaint in O.S No. 44 of 2023, on the file of the District Munsif, Dharapuram.

2. Heard the learned senior counsel appearing for the petitioner and the learned counsel appearing for the respondent.

3. Considering the fact of the case, the suit in O.S No. 340 of 2017 was filed by the first respondent herein and others to declare the power of attorney deed and sale deed as null and void and O.S No. 132 of 2018, was filed by the petitioners herein for declaration of title and permanent injunction against the first respondent herein. Thereafter, the parties have entered into amicable settlement, the above said suits were referred to lok Adalat and the compromise entered between the parties was recorded in lok Adalat Case No. 36 and 38 of 2018 to that effect award copy was enclosed. But suppressing the above Lok Adalat award the plaintiff filed the present suit for the same property. Hence, the facts reveals that the plaintiff filed

O.S No. 44 of 2023 by suppressing the earlier suit as such is abuse of process of law. Accordingly, plaint in O.S No. 44 of 2023 on the file of the District Munsif, Dharapuram, is ordered to be strike off.

4. Accordingly, this Civil Revision Petition is allowed. No cost. Consequentially, connected miscellaneous petition is closed. 06.11.2023 pbl

T.V.THAMILSELVI,J.

Pbl To

1. The District Munsif, Dharapuram.

CRP No. 1336 of 2023 & CMP No. 8959 of 2023 06.11.2023