DEEN PERFUMERY COMPANY, BANGALORE Vs. NAEEMUDDIN GAFAR

JUDGEMENT

(1.) The petitioner/defendant-M/s. Deen Perfumery Company has filed this writ petition under Article 227 of the Constitution of India aggrieved by the order dated 18.02.2017 passed by the learned Trial Court in S.C.No.15264/2015 (M/s. Deen Perfumery Company v. Mr. Naeemuddin Gaffar) rejecting the application of the defendant/petitioner u/S.10 of CPC for staying the trial of this suit in view of previously instituted suit for specific performance namely O.S.No. 25246/2010, which is pending in a different Court i.e., before the 28th Additional City Civil Judge, Bangalore (CCH-29).

(2.) The relevant reasons given in the impugned order for ready reference:

(3.) Learned counsel for the petitioner/defendant-M/s. Deen Perfumery Company has urged before the Court that since the suit for Specific Performance namely O.S.No.25246/2010 was in the final stage and arguments in the said suit are being heard, the fate of the said suit will undoubtedly affect the present ejectment suit filed by the Respondent/plaintiff - Naeemuddin Gaffar and therefore, the proceedings of the subsequently instituted suit should have been stayed in terms of Section 10 of CPC.