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Madras High CourtCRP/2831/2013dismissed

Alamelu v. V.Raja

2019-02-08Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2019

CORAM:

THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR C.R.P.(P.D.) No.2831 of 2013 and MP.No.1 of 2013

1. Alamelu

2. A.Venkatachalam

3. A.Subramani

...Petitioners/Defendants 2 to 4

versus V.Raja

...Respondent/Plaintiff

Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order dated 03.04.2013 passed in I.A.No.9 of 2013 in O.S.No.450of 2012 on the file of II Additional Subordinate Court, Salem. For Petitioner : No Appearence

O R D E R

This Civil Revision Petition has been filed to set aside the order dated 03.04.2013 passed in I.A.No.9 of 2013 in O.S.No.450of 2012 on the file of II Additional Subordinate Court, Salem.

2. There was no representation for the petitioner. I have perused the order passed by the trial Court.

3. The trial Court, in its order dated 03.04.2013 passed in I.A.No.9 of 2013 in O.S.No.450 of 2012, dismissed the application filed under Section 10 of CPC to stay all the proceedings of the suit in O.S.No.450 of 2012 till the disposal of the suit in O.S.No.39 of 2011 pending on the file of the Principal District Munsif Court, Salem, on the ground that the issues are not directly and substantially same in both the suits and the trial Court itself found that the suits are in different nature and negatived the relief.

4. This Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

08.02.2019 Index:Yes/No Speaking/Non-speaking Order kmi To The II Additional Subordinate Judge, Salem.

N.SATHISH KUMAR, J.

kmi C.R.P.(P.D.) No.2831 of 2013 08.02.2019