SARAVANAN Vs. THIRUMURUGAN

JUDGEMENT

(1.) This Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dtd. 22/3/2019 made in I.A.No.160 of 2015 in O.S.No.180 of 2013 on the file of the VI Additional District Judge, Madurai.

(2.) The petitioners would aver among other things that O.S.No.37 of 2013 was filed on the file of the VI Additional District Judge, Madurai by the father of the first petitioner herein against the father of the first respondent herein and also the respondents herein for the relief of declaration and injunction relating to the rice mill property and during the pendency of the suit, the father of the first petitioner died and all his legal heirs including the petitioners and second petitioner have been impleaded. The said suit is ready for trial, but, in view of the application filed by the first respondent herein in I.A.No.52 of 2019 for an appointment of a Receiver, the trial is not yet commenced in O.S.No.37 of 2013.

(3.) The learned counsel for the petitioners contends that the Court below without appreciating the provisions of Sec. 10 CPC have erroneously dismissed the application filed by the petitioners herein. Unless O.S.No.180 of 2013 pending on the file of VI Additional District Judge, Madurai, is stayed, till the disposal of suit in O.S.No.37 of 2013, the petitioners will be put to a lot of hardship and hence, he prays for allowing this Civil Revision Petition.