JAYRAMBHAI NAGJIBHAI RABARI Vs. RADHE INFRASTRUCTURE

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is filed by the petitioners. Under challenge is the order dated 23.1.2013 passed by the learned 5th Addl. Senior Civil Judge, Mehsana below Exh.13. By the aforesaid order, learned trial Judge has allowed the application of the defendant under Section 10 of the Code of Civil Procedure and the petitioners' suit, viz. Special Civil Suit No.74 of 2011 is ordered to be stayed until final disposal of the Special Civil Suit No.65 of 2010 filed by the original defendants.

(2.) Facts in brief are as under:

(3.) Mr.N.V.Solanki, learned advocate appearing on behalf of the petitioners has assailed the order by which the petitioners' suit is stayed. Briefly stated the submissions are as under:-