IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.11.2025 CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR CMP.No.29001 of 2025 T.D.Balaji ... Petitioner Vs.

1. M.H.Nirmala

2. Saraswathi (Died ...Respondents PRAYER :Civil Revision Petition filed Article 227 of Constitution of India, praying to call for the records pertaining to order dated 30.10.2025 made in IA.No.13 of 2025 in OS.No.2212 of 2019 on the file of VI Additional Judge, City Civil Court, Chennai and set aside the same.

For Petitioners : M/s.M.I.Javid Akbar

ORDER

The civil revision petition is filed challenging the order passed by the Trial Court dismissing the application filed by the petitioner/second defendant seeking stay of the suit under Section 10 of CPC.

2. The 1st respondent/plaintiff filed a suit for partition against the petitioner and his deceased mother/ 2nd respondent. The suit is in the argument stage. At this stage, the petitioner filed instant application seeking stay of the suit on the ground that he filed probate OP in respect of a Will allegedly executed by his father dated 19.03.2006. Admittedly, the probate OP was filed on 15.09.2017 in OP.D.No.33151 of 2017. However, till date, the same is not yet numbered