NANJUNDAIAH B. Vs. RUDRAMMA

JUDGEMENT

(1.) Challenging order dtd. 3/11/2015 passed by Senior Civil Judge, Nelamangala in O.S.no.231/2014 on I.A.no.2 at Annexure-A, this writ petition is filed.

(2.) Shri Avinash Sabarad, learned counsel appearing for Shri Rudraradhya S., advocate for petitioner submitted that petitioner was plaintiff in O.S.no.231/2014 filed for declaration of release deed dtd. 9/12/2013 executed by defendant no.1 in favour of defendant no.2 as not binding on plaintiff and for consequential decree of permanent injunction etc., in respect of items no.1 to 4 of suit schedule properties.

(3.) In said suit, respondents herein were defendants, entered appearance and filed written statement and also filed I.A.no.2 under Sec. 10 of CPC, stating that said suit was required to be stayed as plaintiff had earlier filed O.S.no.73/2014 in respect of same suit schedule properties and said suit was pending. Though application was opposed, trial Court under impugned order allowed same and granted interim order of stay. Against said order writ petition is filed.