SOMASHEKAR MAHALINGAPPA WALI Vs. SRISHAIL MAHADEVAPPA BOMMANAHALLI

JUDGEMENT

(1.) Application filed by the petitioner under Section 10 read with Section 11 and Section 151 of the Code of Civil Procedure (for short 'CPC') seeking stay of the proceedings in O.S. No. 178/2006 having been dismissed vide order dated 25.09.2012 by the I Additional Senior Civil Judge, Bijapur, petitioner who is the 1st defendant in the suit has filed this petition. Petitioner herein is the 1st defendant in O.S. No. 178/2006 filed by the 1st respondent herein seeking a decree for specific performance of the contract dated 06.04.1998 whereunder, the petitioner is stated to have agreed to sell the property in question in favour of the plaintiff/respondent No. 1. The suit is filed seeking a direction to defendant No. 1 to execute a registered sale deed in respect of the suit land with a further direction to the 2nd defendant/respondent No. 2 herein to join him in execution and registration of the sale deed. This suit for specific performance came to be instituted on 13.06.2006. The present petitioner has resisted the suit. The trial of the suit is completed and the matter is at the stage of conclusion of the arguments. At this stage, the 1st defendant filed I.A. No. 37 with the following prayer:

(2.) It is necessary to notice here that O.S. No. 88/2007, which had been instituted on 06.03.2007 subsequent to the suit O.S. No. 178/2006, is filed by the brothers of the 1st defendant for partition and separate possession of the joint family properties including the property, which is the subject matter of the suit for specific performance. The 1st respondent/plaintiff in the present suit had got himself impleaded as 11th defendant in O.S. No. 88/2007 and at his instance, an issue is framed at additional issue No. 1 which is re-cast to read as,

(3.) The Trial Court has dismissed this application holding that no valid grounds had been made out by the petitioner/defendant No. 1 for stay of the suit in terms of the provisions contained under Section 10 CPC.