Karuppaiya, v. Murugesan

ORDER This Civil Revision Petition has been filed by the petitioners to quash O.S. No.70 of 2021 on the file of District Munsif Court, Dindigul.

2.The petitioners herein are the defendants before the District Munsif Court, Dindigul in O.S.No.70 of 2021. The suit has been filed for the following reliefs:- "m) 1k; thjp tHf;fpil nfhtpy;fSf;F g{rhh;p vd tpsk;g[if bra;a[k;gof;Fk;> M) 1k; thjp tHf;fpil nfhtpy;fSf;F fle;j fhyq;fis nghy; g{$hhpahf bray;gl;L te;jij nghy; nkw;go nfhtpy;fSf;F g{$hhpahf bray;gl;L tUtij gpujpthjpfnsh mth; tif Ml;fnsh vt;tpj jilnah> ,ila{nwh bra;af;TlhJ gpujpthjpfs; kPJ epue;ju cWj;Jf;fl;lis ghpfhuk; tHq;Fk;gof;Fk;> ,) 2 thjp nkw;go jtrpkil Chpy; mk;gykhf fle;j fhyq;fspy; bray;gl;L te;jij nghy; bray;gl;L tUtjw;F vd ghpfhuk; tHq;Fk;gof;Fk;> gpujpthjpfnsh mth; tif Ml;fnsh vt;tpj jilnah> ,ila{nwh bra;af;TlhJ vd epue;ju cWj;Jf;fl;lis ghpfhuk; tHq;Fk;gof;Fk;> <)tHf;fpd; bryt[ bjhif thjpfSf;F gpujpthjpfs; brYj;jp itf;Fk;gof;Fk;> c),d;Dk; ,ttHf;fpd; jd;ikf;Fk;> nfhh;l;lhh; mth;fs; a[f;jpf;Fk; Vw;g ,ju ghpfhuq;fs; tHq;f ntz;o gpuhh;j;jpf;fg;gLfpwJ.'

3.The specific case of the petitioners before this Court is that the above suit is abuse of Court proceedings. The first respondent herein who has instituted O.S.No.70 of 2021 along with the second respondent as earlier instituted O.S.No.275 of 2016 and that there was a compromise. Therefore, subsequent suit in O.S.No.70 of 2021 is liable to be stroke off from the file of the District Munsif Court, Dindigul. It is submitted that the earlier suit was compromised and was not pressed and therefore in the light of the compromise entered between the parties in the earlier suit in O.S.No.275 of 2016, the subsequent suit in O.S.No.70 of 2021 cannot be countenanced in terms of Order XXIII Rule 1 of CPC. Further submitted that once a suit has been dismissed as compromise, subsequent suit is not maintainable.

4.The learned counsel for the respondents 1 and 2 submits that question of res-judicata under Order VII Rule 1 of CPC could not arise and no final determination of issue. It is further submits that many of the defendants in the previous suit have died and the petitioners who are the defendants in the above suit are disturbing the rights of the respondents to appreciate as the priest in the subject temple.

5.I have considered the argument advanced by the learned counsel for the petitioner and the learned counsel for the respondents 1 and 2.

6.In my view, the present Civil Revision Petition is a misadventure. It is not open for the petitioners to strike off the suit proceedings before the Trial Court on the ground that the previous suit was compromised. Admittedly, there are fresh cause of action, which was given rights to the petitioners and therefore the suit that has been instituted by the respondents 1 and 2 cannot struck-off from the file of the District Munsif Court, Dindigul. It is open for the petitioners to file written statement and face the trial.

7.With the above observations, this Civil Revision Petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

19.04.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No dss To

1.The District Munsif Court, Dindigul.

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai. C.SARAVANAN,J. dss and C.M.P(MD).No.311 of 2023

19.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.04.2023 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P(MD). No. 311 of 2023 - 1.Karuppaiya 2.Muthaiya 3.Chinnathampi 4.Subbiramani 5.Karuppaiya 6.Rajesh 7.Veerasamy 8.Vellaichamy ... Petitioners/Defendants 1 to 6,8 and 9 Vs. 1.Murugesan 2.Pitchaimuthu ... Respondents 1 and 2/Plaintiffs 3.Raja ... 3rd Respondent/7th Defendant PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, to call for the records in connection with O.S. No. 70 of 2021 on the file of District Munsif Court, Dindigul and to allow the Civil Revision Petition and to strike off the suit. For petitioners : Mr.M.Mohamed Ibram Saibu for M/s.Ajmal Associates For R1 & R2 : Mr.H.Lakshmi Shankar For R3 : No Appearance