PRANAY CHOUDHRY Vs. JAYALAKSHMI AND ORS.

JUDGEMENT

(1.) The defendant in O.S. No.847 of 2010 is the revision petitioner herein, aggrieved by the order passed in I.A. No.25 of 2015 refusing to stay the suit in O.S. No.847 of 2010 on the file of the IV Additional Sub-Judge, Tiruchirapalli, till the disposal of O.S. No.597 of 2007. The said application was dismissed and aggrieved by the same, the above revision has been filed by the defendant.

(2.) O.S. No.847 of 2010 is filed by the plaintiffs praying for setting aside and cancellation of the sale deeds in Document Nos. 1834 of 2000, 1835 of 2000, 1836 of 2000 and 1838 of 2000 and for consequential injunction thereon and the suit is at the stage of cross-examination of P.W.1. While so, the application under Section 10 of the Code of Civil Procedure is filed by the defendant, who is the petitioner herein for stay of the suit.

(3.) The contention of the defendant/petitioner is that a suit in O.S. No.591 of 2007 is pending on the file of the II Additional Sub- Court, Tiruchirapalli which was filed on 12/11/2007 and the present suit is filed on 26/11/2007 as O.S. No.847 of 2010 is also pending. Therefore, according to the defendant, the issue involved in both the suits are directly and substantially the same. Hence the subsequent suit has to be stayed.