T BALAN Vs. P MANI

JUDGEMENT

(1.) The relief sought for in this revision petition is to set aside the fair and Decreetal Order dated 23.08.2017 made I.A.No.7882 of 2017 in O.S.No.6974 of 2015 on the file of the VIIIth Assistant City Civil Court, Chennai.

(2.) The revision petitioner filed a suit before the XIV Assistant City Civil Court, Chennai in O.S.No.3412 of 2013 against the respondent for permanent Injunction and the suit was decreed on 14.07.2015. Against which the respondent filed an appeal before the learned Principal judge, City Civil Court, Chennai in A.S.No. 257 of 2015 and the same is pending. In the meanwhile, the respondent filed a suit against the revision petitioner in O.S.No.6974 of 2015 before the VIII Assistant City Civil Court, Chennai.

(3.) During the pendency of the suit, the revision petitioner filed an Interlocutory application under Section 10 of the C.P.C. in I.A.No.7882 of 2017 in O.S.No.6974 of 2015 before the VIII Assistant City Civil Court, Chennai to stay the suit in O.S.No.6974 of 2015. The trial Court refused to stay the suit under section 10 of C.P.C. and dismissed the Interlocutory application on 23.08.2017.