K BALU Vs. MADASAMY

JUDGEMENT

(1.) PLAINTIFFS in O.S. No. 298 of 1996 on the file of District Munsif Court, Srivilliputhur have come to this court complaining about the illegality of procedure adopted by the Lower Court.

(2.) PETITIONERS have filed the suit for declaration that they are hereditary Poojaries and for consequential reliefs. Respondents had filed a suit against some third parties for the relief relating to settlement of accounts, etc.; and the same is pending before this Court in S.A.1548 of 1995. In view of the pendency of second appeal before this Court, an application was filed by respondents to have the entire suit stayed under Section 10 of Code of Civil Procedure. The Court also passed an order under Section 10 of Code of Civil Procedure staying all the proceedings.

(3.) IN a very recent decision of Allahabad High Court reported in Rameshwar v. Vth Additional District Judge, Basti, 1999 All L.J. 22, it is held thus,