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2021 Supreme(Mad) 3243

KRISHNAN RAMASAMY
N. Vadivelu (died) – Appellant
Versus
Gajendiran – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. V. Lakshminarayanan.
For the Respondent: Mr. A.R. Suresh.

ORDER :

1. This Civil Revision Petition has been filed challenging the order passed by the Court below in I.A. No. 816 of 2018 in O.S. No. 466 of 1989, in dismissing the application filed under Section 10 of the Code of Civil Procedure, 1908.

2. The petitioners herein filed a suit in O.S. No. 466 of 1987, before the learned District Munsif, Tiruvallur, seeking for declaration and permanent injunction against the respondents herein.

3. In the said suit, the petitioners herein filed interlocutory application in I.A. No. 816 of 2018, under Section 10 of the Civil Procedure Code read with Section 151 of C.P.C to stay the entire proceedings of the suit in O.S. No. 466 of 1987, till the disposal of the S.A. No. 7 of 2014 pending on the file of this Court, which was dismissed by the Court below vide order dated 06.10.2018. Challenging the same, the present Civil Revision Petition has been filed.

4. The learned counsel for the revision petitioners Mr. V. Lakshminarayanan submitted that the above said application was filed due to the reason that the brother of the revision petitioner filed a partition suit in O.S. No. 49 of 2000, which was decreed, as against which A.S. No. 16 of 2011 was filed

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