PRATAP NARAIN MATHUR Vs. MCD

JUDGEMENT

(1.) BY way of the present petition under Section 115 CPC, the petitioner has assailed the order dated 8th March 2010 passed by the learned Trial Court in a suit for declaration, permanent and mandatory injunctions and damages (hereinafter referred to as ""the said suit") filed by the petitioner in respect of a plot bearing no. 221, Bank Enclave, near Laxmi Nagar, Delhi - 110092 (hereinafter referred to as "the suit property") whereby the learned Sr. Civil Judge has allowed the application of the respondent No.3 under Section 10 CPC and stayed the suit.

(2.) THE brief facts are that prior to present proceeding the some very petitioner herein had filed a suit bearing No.463/86 (renumbered as Suit No.72/2006) titled as Pratap Narain Mathur vs. Krishan Kumar and Anr. for possession and injunction with respect to plot bearing No.221, Bank Enclave, Shakarpur, Delhi.

(3.) THE petitioner thereafter filed an appeal against the said judgment being appeal No.82/2009 and the same is still pending adjudication.