RAVIKUMAR SHRICHANDJI KALRA Vs. PRADEEPSINGH SUNDERLAL CHOUHAN

JUDGEMENT

(1.) Rule. With the consent of the parties made returnable forthwith and heard.

(2.) The above petition takes exception to the order dated 11.03.2011, passed by the learned 4 th Jt. Civil Judge, Senior Division, Nagpur, by which order the application filed by the respondents herein under section 10 of the Code of Civil Procedure for staying the subsequent suit filed by the petitioners herein came to be allowed and the said subsequent suit came to be stayed.

(3.) The respondents herein are the original plaintiffs in Special Civil Suit no. 1248/2009 filed against the present appellant nos. 1 & 2 for possession of the suit property and for rescinding of the contract. The petitioners herein have filed Spl. C.S. No. 837/2010 for specific performance of the contract entered into between the respondents herein and the petitioner nos. 1 & 2. The agreement in question is dated 18.02.2008. The suit filed by the respondents i.e. Spl. Civil Suit no. 1248/2009 has been admittedly filed prior in point of time to the suit filed by the petitioners herein i.e. suit bearing Spl.C.S. no. 837/2010. The respondents herein filed an application under section 10 of the Civil Procedure Code for stay of the subsequent suit filed by the petitioner on the ground that the issue arising in the suit is substantially the same i.e. in respect of the agreement dated 18.2.2008 and, therefore, sought a stay to the suit filed by the respondents.