UDAYKUMAR VASANTKUMAR BETHARIA Vs. SWAPANKUMAR MUKHERJEE

JUDGEMENT

(1.) By this writ petition, the petitioner (original plaintiff) has challenged order dated 19/08/2014 passed by the Court of Joint Civil Judge, Senior Division, Nagpur, whereby application at Exhibit-59 filed by defendant Nos.11, 12 and 14 for stay of the suit under section 10 of the Civil Procedure Code (CPC), was allowed.

(2.) The said application was moved by the original defendant Nos.11, 12 and 14 (respondent No.11, 12 and 14 herein) claiming that stay of the aforesaid suit would be in the interest of justice, as substantial issue involved in the said suit concerning an agreement dated 05/12/1985, was already the subject matter of an earlier civil suit bearing Special Civil Suit No.71 of 1989.

(3.) The petitioner opposed the said application by filing reply and stating that the subsequent suit of the year 2013 concerned reliefs regarding possession of flats and shops, etc. from defendant Nos.1 to 14, which had come into existence on the basis of the aforesaid agreement of development that had been entered between the petitioner and original defendant No.15. It was submitted that in these circumstances the application filed by original defendant Nos.11, 12 and 14 under section 10 of the CPC deserved to be rejected.