VIJAYALAKSHMI Vs. PREMKUMARI

JUDGEMENT

(1.) THIS Civil Revision petition is filed by the defendants 21, 22 and 26 to 29 in O. S. No. 3 of 2005 on the file the Principal District Judge, Cuddalore.

(2.) THE respondents/plaintiffs in the said suit filed an interlocutory application in I. A. No. 7 of 2005 under Section 151 C. P. C. to stay all further proceedings in L. A. O. P. No. 9 of 1993 on the file of the I Additional Sub Court, Cuddalore till the disposal of the said suit. The learned Principal District Judge upon hearing both sides and on the basis of the records of the case granted an order of stay as prayed for. Hence, the revision.

(3.) THE facts leading to the filing of the revision are briefly stated as follows:-The respondents herein filed the suit in O. S. No. 3 of 2005 pending on the file of the Principal District Judge, Cuddalore for partition of their 5/33 share in the compensation amount deposited in the above said L. A. O. P. No. 9 of 1993. They have based their claim that their father Singaravelu (since deceased) was entitled to 1/3 share in the entire property acquired by the Government and that since he died on 7. 1. 1958 leaving behind his widow, 7 daughters and 4 sons and they entitled to 5/33 share in the said compensation amount. Since the revision petitioners who are the other heirs of one of the co-owners of the property acquired moved the petition in E. A. No. 185 of 2004 to send for the amount in the said L. A. O. P. from the bank, the respondents filed the said suit and obtained the impugned order of stay in I. A. No. 7 of 2005 and therefore this revision has been filed challenging the impugned order.