A K YARABJAN Vs. HUSSAINAJAN

JUDGEMENT

(1.) THE Revision Petitioners/Petitioners/D-1 and D-2 have filed the present Civil Revision Petition as against the order dated 28.08.2007 in I.A.No.384 of 2007 in O.S.No.338 of 2004 passed by the learned Additional Subordinate Judge, Salem.

(2.) THE trial Court, while passing orders in I.A.No.384 of 2007 dated 28.08.2007, has among other things observed that, 'as per the the petitioners' contention the issue involves in this suit is directly and substantially in issue in Second Appeal pending before the Honourable High Court. But there is no such pleading was raised till the examination of the parties. As per the respondents' contention, in respect of mesne profits only, the Second Appeal proceedings are pending, which is not denied by the petitioners. Nor the petitioners proved that the issue involved in the Second Appeal is directly and substantially in issue in the suit... etc.' and resultantly dismissed the application without costs.

(3.) THE Learned Counsel for the Revision Petitioners submits that an Appeal is a continuation of proceedings of the Original Suit, and this legal principle has not been borne in mind by the trial Court while dismissing the I.A.No.384 of 2007 ons 28.08.2007.