GOIDU KOM SHANIYARA NAIK Vs. PANDURANGA

JUDGEMENT

(1.) It is not in dispute that one Sukra filed O.S. No.7/2022 seeking for partition in respect of Sy.Nos. 356/10, 356/8, 74/1, 74/2 and 57/9, all situate at Mavalli of Bhatkal Taluka. The suit was for partition and the suit has been filed against the Goidu, the deceased petitioner herein and others.

(2.) It is also not in dispute that subsequently Panduranga and Gopi (7th & 8th defendants in O.S. No.7/2012) have also filed a suit for partition in respect of eleven properties and in these eleven properties, five properties mentioned above, which are the subject matter in O.S. No.7/2012, have also been included in the suit schedule. Thus, it cannot be in dispute that in respect of the very same properties, a suit has been filed in O.S. No.7/2012 by Sukra and subsequently another suit is also filed by (defendant Nos.7 and 8 in O.S. No.7/2012), in O.S. No.16/2014.

(3.) The petitioners herein, therefore, filed an application under Sec. 10 to stay the subsequently instituted suit i.e., O.S. No.16/2014. The Trial Court, by an earlier order dtd. 10/4/2015 had stayed the proceedings in O.S. No.16/2014 till the earlier suit in O.S. No.7/2012 is disposed off.