G K REDDY Vs. G ASWATHA REDDY

JUDGEMENT

(1.) This civil revision petition arises out of order, dated 18.04.2011, in I.A.No.162 of 2011 in O.S.No.29 of 2008, on the file of the learned Senior Civil Judge, Hindupur.

(2.) The petitioner is one of the defendants in O.S.No.49 of 2005 filed by respondent Nos.1 to 3 on the file of the learned Senior Civil Judge, Hindupur. While the said suit was pending, the petitioner filed O.S.No.29 of 2008 in the same Court for permanent injunction against the respondents. Respondent Nos.1 to 3 filed I.A.No.162 of 2011 under Section 10 r/w Section 151 CPC for stay of O.S.No.29 of 2008 on the ground that the issues raised therein are directly and substantially in issue in the suit filed by them. The lower Court has allowed the said application by order, dated 18.04.2011, and stayed the suit along with the IAs filed therein. Feeling aggrieved by the said order, the petitioner filed the present civil revision petition.

(3.) At the hearing, Sri O.Manohar Reddy, learned counsel for the petitioner, candidly conceded that while the order of the Court below to the extent of staying the suit may be in consonance with the provisions of Section 10 CPC, stay of interlocutory applications filed in O.S.No.29 of 2008 is contrary to the provisions of Section 10 CPC as interpreted by various judicial pronouncements. In support of this submission, the learned counsel placed reliance on the judgment of the Supreme Court in Indian Bank v. Maharashtra State Co-operative Marketing Federation Limited, 1998 AIR(SC) 1952.