HARSHAD K PATEL Vs. S V SRINIVASA RAO

JUDGEMENT

(1.) Though this writ petition is posted for preliminary hearing, with the consent of both sides, it is heard finally. In this writ petition, the petitioner who is the plaintiff in O.S. No. 6270/2003 had filed an application under Order XXI, Rule 29 read with Section 151 of the Code of Civil Procedure. The said application has been dismissed by order dated 02.09.2011. It is against the said order that this writ petition has been filed.

(2.) The relevant facts of the case are that the petitioner herein has filed O.S. No. 6270/2003 seeking recovery of a sum of Rs. 1,03,35,316/- with interest at the rate of 21% per annum from the respondent. The said suit is pending at the stage of evidence. On the other hand, the respondent herein had filed O.S. No. 6867/1996, which was a suit for specific performance of agreement dated 11.06.1996. By a judgment and decree dated 25.01.2003, the relief for specific performance was rejected but it was ordered that the defendant in the said suit that is the petitioner herein, shall pay a sum of Rs. 65,08,342/- with interest at 9% from 11.06.1996 till the date of realisation to the respondent herein. As against the said judgment and decree, both the parties preferred R.F.A. Nos. 328/2003 and 330/2003 before this Court. The said appeals were dismissed. It is also stated that as against the dismissal of the said appeals, S.L.P. No. 36044/2010 was filed by the respondent herein. The said petition has also been dismissed. Subsequently, the respondent herein has filed Execution No. 485/2011 which is pending before the trial Court. When the matter stood thus, in O.S. No. 6270/2003, the petitioner herein filed an application under Order XXI, Rule 29 read with Section 151 of the Code of Civil Procedure seeking stay of the decree passed in O.S. No. 6867/1996 dated 25.01.2003 as affirmed by this Court as well by the Apex Court. The said application has been dismissed. Being aggrieved by the said order that the petitioner has filed this writ petition.

(3.) I have heard the learned Counsel for the petitioner and the learned Counsel for the respondent and perused the materials on record.