DWARIKA PRASAD Vs. RAMESHWAR DAYAL KHANDELWAL

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal by special leave is to the judgment dated October 26, 2007, rendered by the High Court of Madhya Pradesh, Bench at Gwalior in Writ Petition No. 5073 of 2007, by which the order dated July 23, 2007, passed by the learned IVth Additional District Judge, Gwalior in Civil Suit No. 35-A of 2006 rejecting the application filed by the appellant under Section 10 of the Code of Civil Procedure to stay the suit, is confirmed.

(3.) The relevant facts, which emerge from the record of the case are as under: