PRAYER

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 27.03.2026 made in I.A.No.58 of 2026 in O.S.No.62 of 2024 passed by the I Additional District Munsif Court, Tirukoilur.

ORDER

This civil revision petition has been filed, challenging the order dated 27.03.2026 passed in I.A. No.58 of 2026 in O.S.No.62 of 2024 on the file of the I Additional District Munsif, Tirukoilur.

The aforesaid order was passed by the Trial Court, dismissing the petitioner’s application filed under Section 10 of C.P.C., seeking stay of the suit in O.S. No.62 of 2024.

The aforesaid application was dismissed by the Trial Court by giving the following reasons:

a) The earlier partition suit in O.S. No.64 of 2024 has already been disposed of on 27.11.2025;

b) The pendency of an appeal cannot be equated to pendency of a suit for the purpose of Section 10 C.P.C.;

c) Though it is true that an appeal is a continuation of the original proceedings, the language of Section 10 C.P.C. is clear and unambiguous in requiring pendency of a previously instituted suit and not an appeal;

d) Even assuming that the subject matter in both proceedings i