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2005 Supreme(AP) 264

K.C.BHANU
Meridian Industries Ltd. , Pollachi, Kovalpudur Coimbatore – Appellant
Versus
Devdoot Gin Mill Ginning and Oil Mill Unit, Adilabad – Respondent


K. C. BHANU, J.

( 1 ) CHALLENGING the order dated 12-8-2004 in I. A. No. 1 of 2004 in O. S. No. 27 of 2003 on the file of Senior Civil judge, Adilabad, the present civil revision petition has been filed.

( 2 ) ORIGINALLY, the respondent herein filed a suit in O. S. No. 27 of 2003 for recovery of an amount of Rs. 1,20,196/- with interest and the petitioner herein is disputing the suit on the ground of territorial jurisdiction. Earlier, the petitioner herein also filed a suit in O. S. No. 83i of 2003 on the file of ii Additional Subordinate Judge, Coimbatore, for recovery of a sum of Rs. 1,88,6 11/- and the said suit is pending. According to the petitioner, the present suit in O. S. No. 27 of 2003 is filed as a counterblast to the suit in o. S. No. 831 of 2003. While so, the petitioner herein filed an application under section 10 read with Section 151 of the code of Civil Procedure (for brevity cpc ) to stay the O. S. No. 27 of 2003 in view of the pendency of earlier suit in O. S. No. 831 of 2003 on the file of II Additional subordinate Judge, Coimbatore. The Court below after considering the evidence available on record dismissed the said application on merits.

( 3 ) THE respondent











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