BABLUSING @ JABEERSINGH Vs. DARBARSINGH

JUDGEMENT

(1.) The revision is admitted. By consent, notice after admission made returnable forthwith. Both sides heard for final disposal.

(2.) The proceeding is filed against the order made by the learned 8th Joint Civil Judge, Junior Division, Nanded on Exhibit 65 in Regular Civil Suit No.515 of 2007. The suit is filed by present respondent against the applicants for relief of injunction. Present applicants filed Written Statement and then filed application at Exhibit 65 for dismissal of the suit or alternatively for staying the suit. It is the case of the applicants that in the past, present respondent, plaintiff, had filed Regular Civil Suit No.449 of 2001 in respect of the same subject matter for relief of injunction against Smt. Kusumtai Kagne. This suit came to be dismissed on 22-1-2009. Against this decision respondent preferred Regular Civil Appeal No.35 of 2009 in District Court and the appeal is still pending. It is the case of the applicants that in view of these circumstances, Regular Civil Suit No.515 of 2007 either needs to be dismissed or needs to be stayed.

(3.) Present respondent filed say to the application. He has contended that though previous suit was filed against Kusumtai, cause of action against present applicants is different. It is contended that during pendency of the previous litigation Kusumtai prepared a bogus document in favour of present applicants and on the basis of that document present applicants are obstructing the possession of the respondent.