MANI ALIAS PALANISAMY Vs. VARADHARAJA MUDALIAR

JUDGEMENT

(1.) Inveighing the order dated 28.08.2009 in I.A.No.117 of 2008 in I.A.No.755 of 2007 in O.S.No.114 of 2000 on the file of the learned Additional District Munsif, Villupuram, this civil revision petition is focussed.

(2.) Heard both sides.

(3.) A 'resume' of facts absolutely necessary and germane for the disposal of this civil revision petition would run thus: The respondent/plaintiff filed the suit for partition. Whereupon, the defendants contested the matter and ultimately it ended in passing a preliminary decree. Thereafter final decree application was filed by the respondent/plaintiff and he obtained an exparte final decree, but it was set aside subsequently, at the instance of D5/the revision petitioner herein. In the meanwhile, the fifth defendant presented the appeal as against the preliminary decree with an application under Section 5 of the Limitation Act to get the delay condoned in filing the same and it is still pending in I.A.No.432 of 2008 in unnumbered A.S before the learned Principal Subordinate Judge, Villupuram. However, the very same revision petitioner/D5 filed an application before the trial court for staying the final decree proceedings,pending disposal of the aforesaid application under Section 5 of the Limitation Act by the Appellate Court. However, the trial court dismissed it.