R.KALAIVANAN Vs. L.SAMPOORNAM

JUDGEMENT

(1.) Challenging the order of the learned IX Assistant Judge, City Civil Court at Chennai, rejecting the application in E.A.SR No.73262 of 2023 filed by the judgement-debtors 1 and 2 under Order XXI, Rule 26 of CPC seeking to stay the proceedings in E.P.No.4773 of 2022 pending disposal of the second appeal in S.A.No.1080 of 2022, at the unnumbered stage itself,the present revision has been filed.

(2.) This revision petition has come up today for admission.

(3.) The suit in O.S.No.897 of 2014 was filed by the 1st respondent herein for (i) a declaration of possessory right in respect of the suit schedule mentioned property, a piece of vacant land, and for the consequential relief of recovery of possession; and (ii) a mandatory injunction for the removal of the superstructure, put up by the 1st defendant in the suit schedule mentioned property in an unlawful and illegal manner. Though the suit was dismissed by the learned IX Assistant Judge by a decree and judgement dtd. 26/11/2019, on appeal in A.S. No. 57 of 2021 preferred by the plaintiff on the file of the V Additional Judge at City Civil Court, Chennai, the order of the trial court came to be reversed by judgement and decree dtd. 6/10/2021, and the suit was decreed as prayed for. Aggrieved by the judgement and decree passed by the first appellate court reversing the judgement and decree of the trial court, the defendants 1 and 2 have preferred a further appeal in S.A. No. 1080 of 2022 on the file of this court, and the same is pending for disposal.