GOVINDARAJAN PADAYACHI Vs. VENKATACHALAM (DIED)

JUDGEMENT

(1.) These Civil Revision Petitions are directed against the dismissal of the interlocutory applications filed under Sections 10, 11 and 151 of Code of Civil Procedure to stay the proceedings of the suit in O.S.No.53 of 2011 till it attains finality in SLP No.28304 of 2016 on the file of the Hon'ble Supreme Court of India.

(2.) The Trial Court has considered the contents of both the suits and has come to a conclusion that the subject matter in issue is not one and the same and accordingly, dismissed both the interlocutory applications.

(3.) The learned counsel for the petitioner would contend that the issue in the previous proceedings arising out of the suit in O.S.No.16 of 2011 is the substantial issue in the subsequent suit in O.S.No.53 of 2011 and also O.S.No.214 of 2012 pending in respect of the very same property. After dismissal of the appeal in A.S.No.708 of 2012, SLP preferred by the petitioner is still pending before the Hon'ble Supreme Court. Till the Supreme Court takes a decision, the suit in O.S.No.53 of 2011, shall be stayed, as otherwise, there will be multiplicity of proceedings. The result of the SLP will have a direct impact and will become a binding precedent in the issue involved in O.S.No.53 of 2011 and O.S.No.214 of 2012 and therefore, the suit shall be stayed.