Sirajudeen, v. Saithunisha
Case brief
What is this about?
Civil Revision Petition challenging dismissal of an application to reject plaint for lack of res judicata. Court held fresh partition suit maintainable after prior compromise.
What did the court decide?
Civil Revision Petition dismissed. No costs. Connected miscellaneous petition closed.
What the court decided
C.R.P.(MD)No.1088 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 07.08.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
C.R.P.(MD)No.1088 of 2021 and C.M.P.(MD)No.6310 of 2021
1.Sirajudeen
2.Amirunnisha ... Petitioners / Petitioners 1 & 4 / Defendants 1 & 4
Vs.
1.Saithunisha
- 2.Thoufekunisha
- 3.Azeesudeen
4.Jaibunisha
Issues for consideration
2 issues framed by the court
Whether a fresh suit for partition is barred by res judicata when the plaintiffs were defendants in a prior partition suit that ended in compromise.
Whether the lower court correctly held that a fresh suit for partition is maintainable despite a prior compromise order involving joint allotment.
Parties & counsel
- petitioner
Sirajudeen
- petitioner
Amirunnisha
- respondent
Saithunisha
- respondent
Thoufekunisha
- respondent
Azeesudeen
- respondent
Case details
As recorded by the court registry
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