The revision has been filed challenging the order passed in I.A. No.41 of 2007 by which the petitioner has sought to stay the suit on the ground that the writ petition filed by the petitioner in W.P. No.18444 of 1998 and A.S.No.124 of 2005 pending on the file of the Hon'ble High Court and therefore till disposal of the same the suit will have to be stayed.
2. The respondents herein filed the suit in O.S. No.68 of 2005 seeking relief of recovery of money with interest against the petitioner. The petitioner in turn has filed a writ petition in W.P. No.18444 of 1998 seeking prayer Writ of Certiorari challenging the Notification dated 01.07.1997 on the consequential orders dated 22.01.1998, 07.04.1998 and 07.10.1998 respectively. Similarly the petitioner has filed a second appeal before this Hon'ble Court in the year 2005. Hence the petitioner sought for the stay of the suit on the ground that until and unless the earlier proceedings are concluded the suit cannot be allowed to proceed with. The Court below has dismissed the said application and challenging the same the revision has been filed.
3. The scope of the suit filed in O.S. No.68 of 2005 and the subject matter of the writ petition as well as the second appeal are totally different. The suit has been filed in O.S. No.68 of 2005 by the respondents whereas the second appeal and the writ petition have been filed by the petitioner. After failing to get appropriate orders in the second appeal as well as the writ petition, the petitioner cannot file an application under Section 151 of Civil Procedure Code seeking stay of the suit. In the opinion of this Court such a application is not maintainable. It has been held in the judgment reported in 2005 (2) SCC 256 (National Institute of Mental Health and Neuro Sciences vs. C.Parameshwara) that the fact that a writ petition is pending in Hon'ble High Court cannot be a ground for staying the suit. Hence considering the same, the revision is dismissed, No costs. Consequently, the connected miscellaneous petition is closed.
cs To The Additional District Judge, Fast Track Court II, Tuticorin.