DEVANAYAGI AMMAL Vs. MANICKA KONAR

JUDGEMENT

(1.) THE defendants in O. S. No. 134/2001 on the file of the I Addl. District Munsif-cum-Judicial Magistrate court No. 1, Ulundurpet are the revision petitioners herein.

(2.) THE respondents herein filed O. S. No. 134/2001 for a declaration and recovery of possession of 'c' and 'd' schedule properties and also for other reliefs. The defendants filed an application in I. A. No. 269/2003 under Sec. 10 of the Code of Civil Procedure to stay all further proceedings in O. S. No. 134/2001 till the disposal of the Second Appeal filed by them before this court with regard to the suit schedule properties.

(3.) THE revision petitioners/defendants have stated in the affidavit filed in support of the Application filed under Sec. 10 of C. P. C. that the earlier suit in O. S. No. 422/1986 filed by the father of the 2nd defendant in the District Munsif Court, Tirukoilur was for recovery of 'c' and 'd' schedule properties of the present suit. After the judgment and decree made in O. S. No. 422/1986 on 14. 12. 1994, the plaintiffs in the present suit filed first appeal in A. S. No. 107/1995 and the appellate court passed judgment and decree in favour of the present plaintiffs with regard to item Nos. 3,4 and 5 of the suit schedule and dismissed the suit with regard to other properties on 28. 10. 97. Against the judgment and decree dated 28. 10. 97 in A. S. No. 107/95, Second Appeal was filed by the revision petitioners herein and the same was pending in this court in S. R. Stage. Even after knowing fully well about the pendency of the Second Appeal, the respondents herein filed the present suit in O. S. No. 134/2001 and the same is to be stayed till the disposal of the Second Appeal.