KONA KANTHAMMA Vs. GUNTAMUKKALA SRINIVASA RAO

JUDGEMENT

(1.) The revision petitioners are the petitioners/appellants in LA. No.435 of 1999 in R.C.A. No.24 of 1996 on the file of the Rent Controller-Appellate Authority (Principal Senior Civil Judge), Kakinada.

(2.) The facts of the case in brief reads as follows :

(3.) The revision petitioners filed an application under Section 10 read with Section 151 CPC praying for stay of the proceedings including the hearing of the appeal in R.C.A. No.24 of 1996 pending disposal of the appeal in A.S. No.57 of 1995 pending on the file of the IV Additional District Judge, Kakinada. The case of the revision petitioners is that they have preferred R.C.A. No.24 of 1996 against the order of eviction made in R.C.C. No.30 of 1985 on the file of the Principal Senior Civil Judge - Rent Control Appellate Authority, Kakinada. It is also their case that they are disputing the title of the respondent over the petition schedule property. The 1st petitioner is the mother of the 2nd petitioner and the sister of the respondent. She filed a suit in O.S. No.937 of 1987 for declaration that Ex.A5-registered sale deed dated 12-5-1973 executed in favour of the respondent as invalid and nonexisting and not binding on the petitioners and also for the relief of permanent injunction. Since it is a comprehensive suit, the very title is disputed and since the subject-matter of both the proceedings is one and the same and the question to be decided in both the proceedings is also one and the same, stay of proceeding has to be granted. It is stated that the said suit was dismissed. Aggrieved by the same, the revision petitioners have preferred A.S. No.57 of 1995 on the file of the IV Additional District Judge, Kakinada and the same is pending disposal. The application in LA. No.435 of 1999 in R.C.A. No.24 of 1996 on the file of the Rent Control Appellate Authority-cum-Principal Civil Judge, Kakinada was dismissed by an order, dated 14-7-1999. Against which, the present revision petition is filed.