KAMALA Vs. KULANTHAIVEL

JUDGEMENT

(1.) THIS Memorandum of Civil Revision has been directed against the fair and decretal Order dated 8.9.2013 and made in I.A. No.496 of 2013 in O.S. No.187 of 2011 on the file of the learned District Munsif, Rasipuram.

(2.) IT is apparent from the records that the Respondents herein have filed a Suit in O.S. No.187 of 2011 on the file of the learned District Munsif Court, Rasipuram as against the Revision Petitioners seeking the relief of recovery of possession of the Suit property. The Suit has been contested by the Revision Petitioners by filing their respective Written Statements. During the pendency of the Suit, the Revision Petitioners being the Defendant have taken out an Application in I.A. No.496 of 2013 under Section 10 of the Code of Civil Procedure, to stay all fiirther proceedings of the Suit in O.S. No. 187 of 2011, till the final adjudication of the Appeal proceedings in I.A. No.41 of 2013 and I.A. No.42 of 2013, which are said to have been pending on the file of the learned Principal District Judge, Namakkal.

(3.) IT is alleged that since the First Respondent herein had attempted to trespass and evict the Revision Petitioners by force, they came to know about the disposal of the Suit in O.S. No.135 of 2008 and therefore, they had filed an unnumbered Appeal before the learned Principal District Judge, Namakkal as against the Decree and Judgment dated 5.11.2009 and made in O.S. No.135 of 2008. Along with the said Appeal, the Revision Petitioners had also filed two Applications i.e., I.A. Nos.41 & 42 of 2013, i.e., one is for condonation of delay in filing the Appeal and the other one is for staying the operation of the Judgment of the Trial Court in O.S. No.135 of 2008.