GEETA AND ORS. Vs. GANGAVVA AND ORS.

JUDGEMENT

(1.) THE petitioners are aggrieved by the order dated 10.08.2015 passed by the II Additional Senior Civil Judge, Hubballi, whereby the learned judge has dismissed the application filed by the petitioners under Section 10 CPC, for staying further proceedings in O.S. No. 227/2011 till the civil suit filed by the plaintiffs namely, O.S. No. 9/2015 is finally disposed of.

(2.) THE brief facts of the case are that respondent Nos. 1 and 2. Smt. angavva and Mr. Goudappagouda Veeranagouda Patil respectively, filed a civil suit in 2011, namely O.S. No. 227/2011 for partition and separate possession before the II Additional Senior Civil Judge, Hubballi, against the petitioners, and against respondent Nos. 3 to 5. In the said suit, respondent Nos. 1 and 2 claimed 2/4th share in the schedule properties marked as Schedule 'A', 'B' and 'C'. In the said claim, they denied the status of petitioner No. 1 as the legally wedded wife of their son, Late Siddanagouda Patil.

(3.) ON the other hand, Mr. Naveen Chabrad, the learned counsel for respondents, has vehemently contended that according to Section 10 CPC, only the subsequent suit can be stayed during the pendency of the first suit and not vice -versa. Therefore, the petitioner is not justified in praying that the first suit should be stayed during the pendency of the subsequent suit filed by them. Secondly, that in the suit filed by respondent Nos. 1 and 2, the parties have already admitted in their plaint and written statements, that petitioner No. 1 is the legally wedded wife of Late Siddanagouda Patil, and petitioner No. 2 happens to be his daughter. Since there is no dispute about the status of petitioner Nos. 1 and 2, no fruitful purpose would be served by staying the civil suit filed by the respondent Nos. 1 and 2.