SHAMBHUJI Vs. ADITYANJEE

JUDGEMENT

(1.) Admit. The matter has been heard with the consent of the parties and is being disposed of finally.

(2.) The plaintiffs who are respondent Nos. 1 and 2 in die present petition filed a suit for injunction against the defendants on the allegations that property in suit was the self-acquired property of late Mr. O.P. Kulshreshtha and on his death, the property has been inherited by the parties to the suit. It was further alleged that defendants 1 to 3 were intending to grab the entire property left by late Mr. O.P. Kulshreshtha and were not only trying to forcefully dispossess the plaintiff and their family members from the premises in suit but they were also threatening to raise construction in the suit property so as to deprive the plaintiffs of their legitimate share in the property.

(3.) Prior to the filing of the suit by the plaintiffs, the defendants including the petitioner in the present petition had filed certain suits against the plaintiffs/ respondents 1 and 2 and an application was, therefore, filed by the petitioner in this suit in the Trial Court under Section 10 of the Code of Civil Procedure contending inter alia that matter in issue in the suits filed by the defendants, including the petitioner, and the suit filed by plaintiffs/respondents 1 and 2 was directly and substantially the same and as such the proceedings in the suit should be stayed. This application was contested by the plaintiffs. The learned Trial Court by the im- pugned order dated 4.2.2000 held that the matter in present suit and the other suits were totally different and the principles of Section 10 of the Civil Procedure Code were, accordingly, not applicable to the facts and circumstances of the case. The application of the petitioner was, therefore, dismissed. Being aggrieved by the order of the Trial Court the present revision petition has been filed by the petitioner.