PADMA Vs. JAYA

JUDGEMENT

(1.) Civil Revision Petitions are filed against the fair and Decretal Orders passed by the Principal District & Sessions Judge at Namakkal dated 30.4.2013 in I.A. Nos. 597 & 598/2012 in O.S. No. 25/2009. The issues and parties in both the Civil Revision Petitions are one and the same and therefore, they are disposed of by this Common Order.

(2.) The Petitioner is the Plaintiff and the Respondent is the Defendant in O.S. No. 25 of 2009 on the file of Principal District Court, Namakkal. Both the Petitioner and Respondent are sisters. The Petitioner filed the said Suit against the Respondent for Partition. The Respondent filed Written Statement and is contesting the Suit. Trial commenced. The Petitioner let in evidence as PW 1 and she was cross-examined. The Respondent filed two Applications I.A. Nos. 597 & 598 of 2012 under Sections 10 & 151 of C.P.C. to stay all further proceedings in the above Suit till A. No. 1 of 2009 pending before the Registrar, Rasipuram is finally adjudicated upon and to permit the Petitioner to defer from adducing evidence regarding the Gift Settlement Deed dated 10.10.2008 and further permit her to adduce evidence after completion of the Enquiry by the Registrar, Rasipuram respectively.

(3.) According to the Respondent, their father executed a Settlement Deed dated 10.10.2008 settling the first item of the Suit property in her favour. Before the said Settlement Deed was registered, their father died. The Respondent presented the said Settlement Deed before the Sub-Registrar for compulsory registration with a request to register the document with Notice to others. The Sub-Registrar conducted Enquiry and Witnesses were examined and cross-examined from 31.3.2009 to 24.7.2009. The Petitioner also took part in the Enquiry. The Sub-Registrar refused to register the documents as the Petitioner objected to the same. The said proceedings is now pending before the Registrar, Rasipuram, as per Section 74 of the Act. According to the Respondent, she has initiated proceedings before the Sub-Registrar on 10.12.2008, but the Petitioner has filed the present Suit on 14.3.2009. The Settlement Deed was called for by the Court on the Application filed by the Petitioner. The Respondent has challenged the said Order before this Court.