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1972 Supreme(Mad) 817

RAGHAVAN
P. S. Kandasami Mudaliar – Appellant
Versus
T. N. Ranganathan – Respondent


Advocates:
O. V. Baluswami, for Petitioners; S. Rajaram, for Respondent.

Judgement

ORDER :- The plaintiffs in O.S. No. 1430 of 1968 on the file of the District Munsif Court, Salem, are the petitioners. The revision petition is directed against an order of the District Munsif. Salem, in I. A. No. 1235 of 1971, refusing to stay the trial of O. S. No. 1430 of 1968 pending in his Court pending disposal of A. S No. 143 of 1971 on the file of the District Court of Salem. The petitioners' case is that they filed previously O. S. No. 1460 of 1967 on the file of the District Munsif Court of Salem, for the issue of a mandatory and permanent injunction in respect of the user of the scavanging lane in which the defendant had put up a latrine and for other reliefs. That suit was dismissed and A. S. 143 of 1971 on the file of the District Court, Salem, is the appeal against the said judgment and decree. During the pendency of the above appeal, the same plaintiff filed O. S. No. 1430 of 1968, for damages for diverting the sullage water flowing from the latrine into the scavanging lane damaging the plaintiff's wall and for other reliefs. The plaintiffs have filed the present application for stay of trial under Section 10. Civil P. C., of O. S. No. 1430 of 1968, pending

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