J PAREKH Vs. J PAREKH AND UNI MARK

JUDGEMENT

(1.) The impugned order under challenge in this Original Suit Appeal was passed in A. No. 2049 of 2001 in C.S. No. 302 of 1996 on the file of this Court. The said application was filed under Section 10 of CPC with a prayer to stay all further proceedings in C.S. No. 302 of 1996 pending on the file of this Court, till the disposal of the Suit in C.S. No. 4437 of 1995 on the file of the High Court of Judicature at Bombay.

(2.) The learned single Judge after meticulously going through the affidavit filed in support of the application in A. No. 2049 of 2001 and also the counter filed by the other side in A. No. 2049 of 2001/appellant herein and after hearing both sides, has come to an unassailable conclusion that the petitioner in A. No. 2049 of 2001 is entitled to the relief asked for in the said application and accordingly allowed the application thereby granting an order of stay of C.S. No. 302 of 1996 till the disposal of the suit in C.S. No. 4437 of 1995 pending on the file of the Bombay High Court. Against the said order of stay, this appeal has been preferred.

(3.) The averments in the affidavit to A. No. 2049 of 2001 in C.S. No. 302 of 1996 made by the petitioner are as follows: