J. VICTOR Vs. V.S. SANKAR RAJU

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed against the fair and Decreetal Order passed by the Principal District Munsif Court, Thoothukudi, in I.A. No.164 of 2018 in O.S. No.234 of 2012, dtd. 23/2/2018.

(2.) The Revision Petitioner is the First Defendant before the Trial Court. According to the Revision Petitioner, there was a Suit in O.S. No.394 of 2004, for the relief of Permanent Injunction against him, based upon the Lease Agreement executed by Thoothukudi Naidu Mahajana Sangam Trust. The said Suit was Decreed in favour of the Plaintiff. Against the Judgment and Decree of the Trial Court, an Appeal was filed by the Defendant in A.S. No.221 of 2005 and the said First Appeal was also dismissed on 19/12/2010. Against which, Second Appeal in S.A.(MD) No.805 of 2012, was filed and the same is pending before this Court for final disposal.

(3.) The learned Counsel for the Petitioner would submit that, when an earlier Suit in O.S. No.394 of 2004 was filed and is pending before this Court in S.A.(MD) No.805 of 2012, a subsequent Suit in O.S. No.234 of 2012, which is also for directly and substantially on the same issue of the earlier Suit cannot be proceeded by virtue of Sec. 10 of the Code of Civil Procedure, till the disposal of the Second Appeal in S.A.(MD) No.805 of 2012.