TOTI BABU Vs. T KRISHNAIAH

JUDGEMENT

(1.) The civil revision petition is preferred as against an order made in LA. No.700 of 1999 in O.S. No.726 of 1995 dated 5.10.1999, on the file of the I Additional Junior Civil Judge, Chittoor.

(2.) The petitioner in the said application is the plaintiff in O.S.No.726 of 1995, on the file of the I Additional Junior Civil Judge, Chittoor. The application was filed under Sections 10 and 151 of CPC, praying for stay of further proceedings of the suit till the disposal of the appeal before the Revenue Divisional Officer in respect of the suit property.

(3.) For the purpose of convenience the parties are referred to as plaintiff and defendant, as arrayed in the suit. The plaintiff filed the suit O.S. No.726 of 1995 on the file of the I Additional Junior Civil Judge, Chittoor for the relief of permanent injunction in respect of a house site granted by the Government under a patta. It is the case of the plaintiff that the defendant tried to interfere with his possession and hence he filed a suit for permanent injunction. It was also averred in the affidavit that after the institution of the suit, the defendant had obtained suspension of the house site patta by filing an appeal before the Revenue Divisional Officer and since the very operation of the suit document was suspended by the competent authority the Revenue Divisional Officer, he is unable to further proceed with the suit and hence he prayed for stay' of all further proceedings in the suit till the disposal of the appeal before the Revenue Divisional Officer.