GIRIGOWDA Vs. CHIKKATHAYAMMA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 11/1/2023 passed in LAC No.72 of 2015 on the file of the Senior Civil Judge and JMFC, Kanakapura, whereby the application filed by the petitioner - claimant No.11(a) under Sec. 10 read with Sec. 151 of CPC seeking stay of further proceedings till disposal of O.S No.775 of 2014 pending before the Civil Judge, Senior Division at Kanakapura, was rejected by the trial Court.

(2.) Heard the learned counsel for the parties and perused the material available on record.

(3.) The material on record discloses that in the aforesaid proceedings under Ss. 30 and 31 of the Land acquisition Act, the petitioner is arrayed as claimant No.11(a) while the respondents are the remaining claimants and they are contesting the proceedings. In the meanwhile, the petitioner along with others has instituted one more suit in O.S No.75 of 2014 against some of the respondents for partition and separate possession of their alleged share in the suit schedule properties including the properties which are subject matter of the aforesaid LAC No.72 of 2015. The said suit in O.S No.75 of 2014 is also pending on the file of the trial Court, in which the petitioner is arrayed as plaintiff No.6.