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2014 DIGILAW 3218 (MAD)

Karuppaiah v. Muniyappan

2014-09-10

V.M.VELUMANI

body2014
Judgment 1. This Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 17.06.2014, made in IA.No.472/2014 in OS.No.134/2011 on the file of the District Munsif Court, Sivagangai. 2. The petitioners are the defendants and the respondent is the plaintiff in O.S.No.134 of 2011 on the file of the District Munsif, Sivagangai. 3. The respondent filed the suit for recovery of damages and compensation for the use and occupation of the property belongs to the respondent. Earlier, the respondent filed a suit in O.S.No.161 of 2007 for partition and injunction. The said suit was dismissed insofar as the portion of the property by which petitioners are occupying. 4. Both the petitioners and the respondent filed an appeal in A.S.No.41 of 2010 and 42 of 2010. The appeal filed by the petitioners in A.S.No.41 of 2010 was dismissed. The appeal in A.S.No.42 of 2010 filed by the respondent was allowed. The respondent has filed an application in I.A.No.688 of 2011 in suit for final decree. 5. The respondent filed the present suit O.S.No.134 of 2011 for recovery of damages and compensation to be recovered from the petitioners for unlawful use and occupation of the property. The petitioner filed an application under Order 7 Rule 11 of the Civil Procedure Code for rejection of the plaint. The said application was dismissed. Against the order of dismissal, the petitioner filed a civil revision petition before this Court and the said civil revision petition was also dismissed. 6. Now, the petitioners have filed an application in I.A.No.472 of 2014 for stay of the suit under Section 10 of the Civil Procedure Code. The respondent in his counter denied the various averments made in the petition and affidavit. 7. The learned Judge, considering the pleadings and materials on record and judgment and documents relied on by both the parties, dismissed the application. Against the order of dismissal, dated 17.06.2014, the present Civil Revision petition is filed. 8. I have heard the learned counsel appearing for the petitioner and perused the materials on record. 9. As per the records, it is seen that the suit filed by the petitioner was ultimately decreed in the first appeal and the same was confirmed by this Court. The application for final decree is pending. The present suit is for recovery of damages and compensation. 9. As per the records, it is seen that the suit filed by the petitioner was ultimately decreed in the first appeal and the same was confirmed by this Court. The application for final decree is pending. The present suit is for recovery of damages and compensation. The parties in both the suits are not one and the same. The cause of action, relief sought for are also not one and the same. Therefore, the ingredients of Section 10 of Civil Procedure Code is not present. The petitioners have failed to substantiate their claim for stay as per Section of 10 of Civil Procedure Code. The Learned Judge has considered all the materials on record and law in the proper perspective. There is no irregularity or infirmity in the order passed by the Learned Judge. 10. In the result, this Civil Revision Petition is dismissed. No costs. Consequently, connected M.P.(md).No.1 of 2014 is also dismissed.