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2023 Supreme(Mad) 2919

B. PUGALENDHI
Nakoda Homes Pvt. Ltd. , Rep. through its Partner S. Bhawarlal – Appellant
Versus
Thirupparankundram Arumuga Nainar Trust, Rep. through its Trustees S. Venugopal, S/o. Late Somasundaram Chettiar – Respondent


Advocates Appeared:
For the Petitioner: Mr. H. Arumugam.

ORDER :

This Civil Revision Petition is filed as against the order dated 24.01.2023 made in I.A.No.22 of 2023 in A.S.No.35 of 2021 on the file of the 2nd Additional Sub Court, Madurai.

2. The respondents/plaintiffs have filed a suit in O.S.No.976 of 2013 before the Additional District Munsif, Madurai, for the relief of declaration and also for recovery of possession. The suit was decreed in favour of the plaintiffs, by Judgment and Decree dated 29.04.2021. As against the same, the petitioner preferred an appeal suit before the II Additional Sub Court, Madurai, in A.S.No.35 of 2021. The petitioner has also filed an interlocutory application in I.A.No.22 of 2023 praying to stay all further proceedings in E.P.No.93 of 2021 in O.S.No.976 of 2013 on the file of the Additional District Munsif, Madurai Town, till the disposal of the appeal. The First Appellate Court, by its fair and decreetal order dated 24.01.2023, rejected the said application on the ground that it has been filed belatedly and not filed along with the appeal. As against the same, the present Civil Revision Petition is filed.

3. The learned counsel appearing for the petitioner submits that in the absence of any interim orde

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