- (1.) Leave granted.
(2.) The judgment and decree passed by the High Court is liable to be set aside on the short and singular ground that in the previous suit i.e. Original Suit No.85/1996 a similar relief was prayed by Pechimuthu S/o. Arumgasamy Thevar, Minor Manimegalai D/o. Pechimuthu, Thilagavathi (Minor) D/o. Pechimuthu and Arul Pandian (Minor) D/o. Pechimuthu. Prayer was made for declaration of title and for permanent injunction on the basis of Will dated 05.12.2004 executed by Sadaiyappa Konar which became operative on his death on 20.02.1995. O.S. No.85 of 1996 was filed in which following prayer was made:- "A. declaring the plaintiffs 2 to 4 is title to the plaint 1st schedule property. B. granting the consequential relief of permanent prohibitary injunction restraining the defendants from disturbing the plaintiffs title, possession and enjoyment of the plaint 1st schedule property. C. granting permanent prohibitary injunction restraining the defendants from sub letting the 2nd schedule house without the written permission of the plaintiff. D. awarding the costs of this suit to the plaintiffs."
(3.) It was on the basis of the Will, Civil Suit No.85/1996 was filed. It was dismissed vide order dated 16.03.2001, when the counsel for the plaintiffs was absent and the counsel for the defendants was present in the Court.;