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2008 Supreme(Mad) 4677

M.VENUGOPAL
Janagarajan – Appellant
Versus
Thiruvaduthurai Aathinam rep. by its Aathina Kartha Sri Sivaprakasa Pandara Sannathi & Another – Respondent


Advocates Appeared:
For the Petitioner:S. Saravana Kumar, Advocate.
For the Respondents: ----

Judgment :-

1. The revision petitioner/petitioner/plaintiff has filed this present civil revision petition as against the order dated 19.08.2008 in I.A.No.156 of 2008 in O.S.No.328 of 2006 passed by the learned Principal District Munsif, Thirukoilur in dismissing the application filed by the revision petitioner/petitioner/plaintiff under Section 10 of CPC praying the trial Court to stay the case in TR.NO.2 of 2007 pending before the Thirukoilur Tahsildar till the dispose of O.S.No.328 of 2006.

2. The trial Court, while passing orders in I.A.No.156 of 2008 has come to the definite conclusion that I.A.No.156 of 2008 filed by the revision petitioner/petitioner/plaintiff is not maintainable and has resultantly dismissed the application. Further the trial Court is of the considered opinion that Section 10 of CPC is not applicable to the case in TR.NO.2 of 2007 pending on the file of Thirukoilur Tahsildar.

3. Before the trial Court, the revision petitioner/plaintiff has filed I.A.No.156 of 2008 inter alia stating that he has filed O.S.No.328 of 2006 on the file of the Principal District Munsif, Thirukoilur and that he is a cultivating tenant and after the death of his father on 7. 2006,




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