Madras High Court
M.Sakthikumar vs A.Nagammal on 8 October, 2021
C.R.P.No.2193 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.10.2021
CORAM :
THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P.No.2193 of 2021
and
C.M.P.No.16627 of 2021
M.Sakthikumar ... Petitioner
Vs
A.Nagammal ... Respondent
PRAYER : Civil Revision Petition filed under Article 227 of the
Constitution of India praying to set aside the order and decreetal order
dated 27.01.2021 made in I.A. No. 3 of 2020 in O.S. No. 214 of 2017
passed by the Learned Additional District Munsif Judge, Kanchipuram
and allow this Civil Revision Petition.
For Petitioner : Mr. K.M.Balaji
ORDER
This Petition is filed challenging the order passed in I.A. No. 3
of 2020 in O.S. No. 214 of 2017 by the Learned Additional District
Munsif, Kancheepuram.
https://www.mhc.tn.gov.in/judis/
C.R.P.No.2193 of 2021
2. I.A. No. 3 of 2020 was filed under Section 10 of the Civil
Procedure Code for staying the proceedings in O.S. No. 214 of 2017 till
the disposal of the A.S.S.R. No. 2572 of 2019 in I.A. No. 1 of 2019
pending on the file of the Principal Sub Court, Kancheepuram.
3. The Learned Counsel for the Petitioner submitted that the
Petitioner is the Second Defendant in O.S. No. 214 of 2017. The
Respondent filed Suit for recovery of possession. The cause of action for
this Suit and the suit filed in O.S. No. 199 of 2012 are same. O.S. No.
199 of 2012 was decreed.
4.Against the said judgment and decree, the Petitioner filed
appeal in A.S.S.R. No. 2572 of 2019 in I.A. No. 1 of 2019. Therefore, till
the disposal of A.S.S.R. No. 2572 of 2019 and I.A. No. 1 of 2019, further
proceedings in O.S. No. 214 of 2017 has to be stayed. This Petition was
contested by the Respondent/Plaintiff alleging that O.S. No. 199 of 2012
was filed for the relief of permanent injunction and it was decreed on
22.10.2016 in favour of the Respondent. Subsequently, the Petitioner
encroached the Suit property and therefore, the suit in O.S. No. 214 of
https://www.mhc.tn.gov.in/judis/
C.R.P.No.2193 of 2021
2017 is filed. The cause of action for both the suits are different and the
relief sought for in both the suits are different. Therefore, it is not
necessary to stay further proceedings in O.S. No. 214 of 2017. On
considering the rival submissions, the Learned Additional District
Munsif, Kancheepuram dismissed the Petition. Against the dismissal of
the stay Petition, this Civil Revision Petition is preferred.
5.The Learned Counsel for the Petitioner reiterated his
submission stating that cause of action for both the suits are same and
therefore, further proceedings in O.S. No. 214 of 2017 has to be stayed
till the disposal of A.S.S.R. No. 2572 of 2019 in I.A. No. 1 of 2019.
6.Considered the submissions of the Learned Counsel for the
Petitioner and perused the records.
7.It is seen from the submissions made by the Learned Counsel
for the Petitioner and counter affidavit filed in I.A. No. 3 of 2020 that
O.S. No. 199 of 2012 was filed by the Respondent for the relief of
permanent injunction, not to disturb the possession and enjoyment of the
Suit property. It is alleged in the counter that subsequent to the judgment
https://www.mhc.tn.gov.in/judis/
C.R.P.No.2193 of 2021
and decree in O.S. No. 199 of 2012, the Petitioner encroached the suit
property. Therefore, this suit is filed for recovery of possession. Thus, it
is clear that the cause of action for both the suits are different and the
relief claimed in both the suits are totally different. Therefore, prayer for
staying the suit in O.S. No. 214 of 2017 cannot be entertained.
8.That apart, it appears that A.S.S.R. No. 2572 of 2019, the
appeal against the judgment and decree in O.S. No. 199 of 2012 was not
filed in time. I.A. No. 1 of 2019 was filed for condoning the delay in
filing the appeal. When there is no previous proceedings pending as on
date, the Petitioner cannot seek to stay the subsequent proceedings. For
all these reasons, this Court finds no reason to interfere with the order of
the Learned Additional District Munsif, Kancheepuram in dismissing the
stay petition filed under Section 10 of the Civil Procedure Code. Hence,
the order of the Learned Additional District Munsif, Kancheepuram is
confirmed.
https://www.mhc.tn.gov.in/judis/
C.R.P.No.2193 of 2021
9.Resultantly, this Civil Revision Petition is dismissed. No
costs.
08.10.2021
ay
Index: Yes/No
Internet: Yes/No
To
The Additional District Munsif Court,
Kanchipuram.
https://www.mhc.tn.gov.in/judis/
C.R.P.No.2193 of 2021
G.CHANDRASEKHARAN, J.
ay
C.R.P.No.2193 of 2021
and
C.M.P.No.16627 of 2021
Dated:08.10.2021
https://www.mhc.tn.gov.in/judis/
