K S SINGHAL Vs. INDIAN TOBACCO CO LTD

JUDGEMENT

(1.) B. K. Rathi, J. The opposite party filed the suit against the revisionist, which is numbered 267/85 pending in the Court of the Xth Additional District Judge, Agra. The revisionist moved an application (130-C) under Section 10 read with Sec tion 151 CPC for stay of the Suit till the decision of the pending appeals No. 361/98 and 379/99 arising out of suits Nos. 551/82 and 518/82. The application was opposed by objections 136-C. The Additional District Judge considered the arguments and has rejected the application for stay of suit under Sections 10 and 151 CPC. Aggrieved by that order, the present revision has been filed.

(2.) I have heard Sri Madhav Jain, learned counsel for the revisionist and Sri Murlidhar, Senior Advocate assisted by Sri Tarun Verma, learned counsel for the op posite party and have perused the record.

(3.) THE suits were decided by a com mon judgment, dated 15-9-1998. Copy of the judgment is Annexure- 3. THE judg ment show that it has been held that the applicant is entitled to relief of injunction as prayed irrespective of the fact whether he is tenant or licence of the shop in dis pute as he is in the possession of the shop and carrying on business.