RAVI PRAKASH AGARWAL Vs. OM PRASAD AGARWAL

JUDGEMENT

(1.) Heard Sri Vinod Sinha learned counsel for the petitioner and Sri Abhinav Shukla learned counsel for the respondent no.1.

(2.) The facts of the present case presents a sorry states of affairs in dealing with the matters pending before the Civil Court. An original suit no.2362 of 2013 was filed by the plaintiff/opposite party no.1 namely Om Prasad Agarwal imp leading the petitioner herein as the defendant. The relief sought in the said suit was for identification and determination of shares of the parties. Prior to filing of the said suit an injunction suit had been filed by one Sanjay Agarwal son of opposite party no.1 which was registered as original suit no.951 of 2005 and is pending before the Additional Chief Metropolitan Magistrate, Court no.6, Kanpur Nagar. The petitioner herein namely the defendant moved an application for transfer of the original suit no.2362 of 2013, which was instituted in the court of Civil Judge (S.D.) Kanpur Nagar to the court of Additional Chief Metropolitan Magistrate, Court no.6, Kanpur Nagar, wherein the original suit no.951 of 2005 was pending. The said transfer application had been rejected on 18.10.2016 by this Court.

(3.) The original suit no.2362 of 2013, thereafter, proceeded and the matter was heard on 68-C/2 (ad interim injunction application). In the meantime, the defendant moved an application under Sec. 10 of C.P.C. for stay of the subsequent suit, as according to the petitioner, the first suit was still pending consideration with regard to the same cause of action.