ABDUL RAHIM B ATTAR Vs. ATUL AMBALAL BAROT

JUDGEMENT

(1.) SINCE common questions of law and facts arise in all these petitions, they were heard together and are being disposed of by this common judgment.

(2.) RULE. By consent, rule is made returnable forthwith.

(3.) THE petitioners challenge the concurrent orders passed by the courts below staying the suits filed by the petitioners for the eviction of the respondents on different grounds available under the Rent Legislation in force in the State. The Trial Court, while allowing the application for stay of the suit filed by the respondents, has passed the impugned order in exercise of powers under section 151 of Civil Procedure Code observing that though there is no case for grant of stay in exercise of powers under section 10 of C. P. C. since the respondents have already filed an application for formation of a cooperative society and for acquisition of the property under the Maharashtra Housing and Area development Act ("mhad Act" for short), the ends of justice would require stay of the suits. The Revisions! court has confirmed the said order on the same ground further holding that the discretion decided by the Trial court does not warrant interference.