Stay of partition suit - On ground of pendency of another proceedings before Debts Recovery Tribunal and Company Law Board - Cause of actionand nature of proceedings pending before DRT are, in no way, relevant to suit for partition -

Citation

AIROnline 2022 MAD 51

Madras High Court

MS . R. N. MANJULA , J.

C.R.P. - 3084 of 2016 D/- 6 - 9 - 2022

K.Venkatesh and Ors. v. K.Balasundaram and Ors.

Civil P.C. (5 of 1908), S.10 - Stay of partition suit - On ground of pendency of another

proceedings before Debts Recovery Tribunal and Company Law Board with regard to loans

availed by father of parties - Since proceedings pending before DRT and CLB have got nothing

to do with suit properties, decision of DRT or CLB will not bind suit properties - Cause of action

and nature of proceedings pending before DRT are, in no way, relevant to suit for partition -

Reasons stated by defendants to stay proceedings are not satisfactory - Refusal to grant stay,

proper.

 (Paras 9 , 11 , 12)