Selvi v. Christopher rep. by Power of Attorney agent and father, Justus, Kuzhanthankarai House
2015-02-05
PUSHPA SATHYANARAYANA
body2015
DigiLaw.ai
Order 1. These Civil Revision Petitions are directed against the orders dated 03.08.2013 passed in I.A.No.10 of 2013 in A.S.No.91 of 2012 and I.A.No.324 of 2012 in A.S.No.93 of 2012, respectively, on the file of the Subordinate Judge, Kuzhithurai. 2. It is a suit for partition where a stay is sought for under Order XLI Rule 5(1) and Section 151 Civil Procedure Code, 1908 by the respondents. The respondents in both the revisions claimed before the Court below that they are in possession of the suit property in question and obtained stay of the execution proceedings in E.P.No.71 of 2008. Aggrieved over the same, the petitioner is before this Court. 3. The case has got chequered history and more than four decades are over. Still, it is not seen the light of the day. This court is of the considered view that unless, the first appeals are disposed of, the petitioner herein cannot enjoy the fruits of the decree. 4. At this juncture, the respective parties appearing in both the Civil Revision Petitions undertake to co-operate and complete the hearing of the first appeals pending before the Court below within a time limit of four weeks. 5. Therefore, without going into the merits of the case and as all the parties consented to co-operate and complete the hearing of the first appeals within a time limit, the Sub-Court, Kuzhithurai, is directed to dispose of the A.S.No.91 of 2012 and A.S.No.93 of 2012, within a period of four weeks from the date of receipt of a copy of this order. 6. With the above direction, these Civil Revision Petitions stand disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.