SADASHIVA RAI S/O. RAMANNA RAI AND MRS. CHANDRAKALA RAI W/O. SADASHIVA RAI REP. BY THEIR GPA HOLDER UMACHARAN ALVA S/O. M. RAVINDRANATH ALVA Vs. MR. CHARLES DSOUZA S/O. LATE NICHOLAS DSOUZA, MR. M.S. VENKATARAMANA BHAT S/O. LATE M. SUBRAMANYA BH

JUDGEMENT

(1.) THE rejection of Petitioner's' I A -6 under Section 10 Code of Civil Procedure by order dt. 5.8.2010 of the II Addl. Senior Civil Judge, Mangalore, D. K., in O. S. 30/2009 is called in question in this petition.

(2.) BRIEFLY stated facts are, Petitioners arraigned as Defendants 1 and 2 and one Peter Domnic Trevore Fernandes as Defendant No. 3 in O. S. 35/2000 instituted by the 1st Respondent, before the I Addl. Civil Judge (Sr. Dn.), Mangalore obtained a judgment and decree where under the suit was partly decreed declaring the registered sale deed dt. 7.3.1938 executed by Peter Domnic Trevore Fernandes in favour of Petitioners (Defendants 1 and 2 therein) as null and void and not binding on the 1st Respondent -Plaintiff, observing that Petitioners were placed expert since they failed to respond to the court notice even after service. There after wards, Petitioners filed Misc. No. 3/2009 to set -aside the judgment and decree dt. 19.8.2008 in O. S. 35/2000 which is pending before the I Addl. Civil Judge, Mangalore and in which the 1st Respondent, on notice, entered appearance and resisted the petition by filing objections. In the Misc. proceedings, while the 1st Respondent herein is arraigned as party Respondent No. 1, the said Peter Dominic Trevore Fernandez is arraigned as 2nd Respondent. In the meanwhile the 1st Respondent instituted O. S. 30/2009 before the II Senior Civil Judge, Mahgalore arraigning the Petitioners as Defendants 1 and 2 and Respondents 2 and 3 as Defendants 3 and 4 for a declaration that the registered sale deed dt. 5.2.2007 executed by Petitioners in favour of the 2nd Respondent:/3rd Defendant and the registered sale deed dt. 12.3.2007 executed by the 2nd Respondent./3rd Defendant in favour of the 3rd Respondent/4th Defendant as null and void and also for recovery of possession and mesne profits, interalia contending that the findings recorded in the judgment and decree in G. S. 35/2000 operates as resjudicata as against the Petitioners. Therefore, Petitioners filed IA -6 under Section 10 r/w Section 151 Code of Civil Procedure in O. S. 30/2009 to stay all further proceedings, which when rejected has presented this petition.

(3.) THE parties are directed to cooperate in commencing and concluding the proceedings in Mis. Case No. 3/2009 at the earliest, in any event within two months from the date of receipt a copy of this order, which in my opinion would meet the ends of justice.