DHARAM DEV Vs. ASHOK KUMAR

JUDGEMENT

(1.) [Via VIDEO CONFERENCING]

(2.) The facts as are relevant for the disposal of the present petition are that the suit bearing No. CS 8173/2016 (Old No.236/2010) was filed by the respondent/Ashok Kumar on 9th July, 2010 seeking declaration and permanent injunction against the present petitioners and late Sh. Ram Dev (father of the petitioner No.1 and the respondent). The respondent/Ashok Kumar subsequently filed another suit on 10th September, 2012 before the High Court bearing No. CS(OS) 2755/2012 seeking partition, possession, cancellation, declaration and permanent injunction. Issues have been framed in both the suits and evidence is being recorded.

(3.) In the suit bearing No. CS 8173/2016, at the stage of defendants' evidence, the petitioners moved an application under Section 10 read with Section 151 of the Code of Civil Procedure, 1908 (for short, "CPC") seeking stay of the suit on the plea that the issues in this suit and the suit bearing No. CS(OS) 2755/2012 before the High Court were the same. Vide impugned order dated 16th February, 2021, the learned Trial Court dismissed the application holding that only a subsequently instituted suit was liable to be stayed and since the instant suit had been filed prior to the suit pending before the High Court, it could not be stayed. A cost of Rs.10,000/- was also imposed on the petitioners for filing what it termed was a frivolous application.