RAVIRAJA SHETTY Vs. BHOOPALA SHETTY

JUDGEMENT

(1.) THIS petition is filed by Raviraja Shetty, complaining about the grant of stay of the pending proceedings in the suit filed by him in q. S. No. 78/2000 against one Bhoopala Shetty in the Court of II Addl. Civil Judge (Jr. Dn.) and JMFC, Udupi.

(2.) THE plaintiff, Raviraja shetty filed a suit seeking for a bare permanent injunction against the defendant restraining him, his men and all other persons claiming through him or under him from interfering with the peaceful possession and enjoyment of the plaint a schedule property with the trees existing thereon and the immovable property situated in Shivalli Village covered by Sy. No. 238/ 17, Punja, middle portion measuring 2 cents with trees standing thereon.

(3.) DURING the pendency of the suit, the defendant filed IA No. Vseeking for stay of proceedings under Section 133 of the KLR Act on account of the pendency of a Writ Petition before this Court in w. P. No. 2841/1997. The said IA was opposed and after hearing, the trial Court was of the view that the pendency of the proceedings in this Court in WP. 2841/97 is a ground for stay of further proceedings in the pending suit. It is this order that is challenged before me by the plaintiff-petitioner.