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2021 Supreme(Mad) 3094

A.D.JAGADISH CHANDIRA
Athimuthan – Appellant
Versus
Kanjana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Thirunavukkarasu
For the Respondent: Mr.R.Vijayakumar

ORDER :

The Civil Revision Petition has been filed by the plaintiff against the order passed by the Trial Court under Section 10 of the Code of Civil Procedure staying the suit.

2. The brief facts of the case are as follows:

The petitioner/plaintiff has filed a suit in O.S.No.233 of 2013 seeking to declare him alone as an absolute owner of the property described in the plaint schedule property and for permanent injunction. The respondents/defendants filed IA No. 15 of 2014 under Section 10 of the Code of Civil Procedure seeking the stay the suit on the ground that the respondent had already filed a suit in O.S.No.102 of 2011 against the plaintiff and others before the same Court for declaration, recovery of possession and permanent injunction in respect of the very same property and the said suit was dismissed by the trial Court on 20.09.2012 and against the judgment and decree he had filed an appeal in A.S.No. 9 of 2013 before the Sub Court, Madurai and the said appeal was allowed by the Principal Sub Court by setting aside the judgment and decree of the Trial Court and they have enclosed a copy of the decree and judgment. Subsequently the plaintiff has filed a second appeal in S.A(M

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