LAWS(BOM)-2020-8-31

RAHUL SUBHASH BOTHRA Vs. KARJALA ASHALATA NAIDU

Decided On August 05, 2020
Rahul Subhash Bothra Appellant
V/S
Karjala Ashalata Naidu Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Respondent waives service. By consent of the parties heard finally.

(2.) Challenge in this petition is to an order dated 23 April 2019 passed by the learned Civil Judge Junior Division, Ghodnadi, Shirur, Pune. By the impugned order an application below Exhibit 14 as filed by the respondentdefendant under Section 10 of the Code of Civil Procedure for stay of the suit in question, is allowed in view of the pendency of a prior suit between the parties being Special Civil Suit no.1213 of 2014 filed by the respondent before the Court of Civil Judge Senior Division, Pune.

(3.) Learned Counsel for the petitioner in assailing the impugned order would contend that the impugned order cannot be sustained in law inasmuch as the jurisdiction of both the Courts in entertaining the respective suits before these respective Courts is different. He submits that the jurisdiction of the Court in the suit in question (Regular Civil Suit no.41 of 2015) arises under the provisions of the Provincial Small Cause Courts Act,1887 read with the Maharashtra Rent Control Act being a suit filed for eviction of the respondent-defendant-tenant, whereas jurisdiction of the Court in the prior suit which is filed by the respondent before the Court of Civil Judge Senior Division is the jurisdiction of a Civil Court under Section 9 of the Code of Civil Procedure being a declaratory suit praying for a declaration in regard to the sale deed as also lease deed in question as entered between the parties. He submits that on this basic premise the impugned order cannot be sustained. Learned counsel for the petitioner has made an alternate submission that the Court should exercise powers under Section 24 of the Code of Civil Procedure and transfer the suit in question to be heard alongwith Special Civil Suit no.1213 of 2014 pending on the file of Civil Judge, Senior Division, Pune.