LAWS(MAD)-2016-7-257

M NARAYANASWAMY Vs. P RAJASEKARAN

Decided On July 20, 2016
M Narayanaswamy Appellant
V/S
P RAJASEKARAN Respondents

JUDGEMENT

(1.) The above Civil Revision Petition arises against the fair and decreetal order passed in E.A.No.131 of 2013 in E.P.No.80 of 2011 in O.S.No.1033 of 1997 on the file of the District Munsif Court, Tiruvottiyur, the Judgment Debtor/defendant is the revision petitioner and the respondent is the Decree Holder/plaintiff.

(2.) The plaintiff filed the suit in O.S.No.1033 of 1997 for declaration and for recovery of possession.

(3.) After contest, the trial Court decreed the suit in O.S.No.1033 of 1997. As against the judgment and decree passed in the suit, the defendant preferred an appeal in A.S.No.15 of 2005 on the file of the Subordinate Court, Ponneri and the Lower Appellate Court also confirmed the judgment and decree of the trial Court and dismissed the appeal. Aggrieved over the judgments and decrees of the Courts below, the defendant preferred a Second Appeal in S.A.No.1279 of 2013 before this Court and the Second Appeal is pending. In the said Second Appeal, the defendant also filed a petition in M.P.No.1 of 2013 seeking for interim stay of all further proceedings in O.S.No.1033 of 1997. However, this Court has only ordered notice to the respondent in the stay petition.