T GANESAN Vs. B MURUGESWARAN

JUDGEMENT

(1.) THE revision petitioners/petitioners/plaintiffs have filed the present revision petition as against the order dated 22. 10. 2008 in I. A. No. 17727 of 2008 in O. S. No. 7155 of 2005 passed by the Principal Session Judge, Chennai in dismissing the application filed by the revision petitioners under Section 151 of Civil Procedure Code praying to stop further proceedings in O. S. No. 7155 of 2005 pending disposal of Special Leave Petition No. 20895 of 2008.

(2.) THE learned counsel for the revision petitioners/plaintiffs urges before this Court that the order of the trial Court passed in I. A. No. 17727 of 2008 is an erroneous one and as against the weightage of law and all probabilities of the case and that the trial Court has erroneously misinterpreted the order passed by the Hon'ble Supreme Court and that the trial Court has not taken into account of the fact that the Hon'ble Supreme Court is seized of the matter and this aspect of the matter has not been taken into account by the trial Court and that the trial Court has proceeded to commence the case for disposal of the same without waiting for the outcome of the Special Leave Petition which amounts to an abuse of process and therefore, prays for allowing the revision in the interest of justice.

(3.) CONTENDING contra, the learned counsel for the respondents submits that the order passed by the trial Court in dismissing the application is correct in law and that the trial Court has assigned cogent reasons while dismissing the application and therefore, this Court may not interfere with the order passed by the trial Court sitting in revision.