PENUMATSA SURESH RAJU Vs. VEGESNA ATCHAYAMMA

JUDGEMENT

(1.) The present Civil Revision Petition is filed by the petitioner being aggrieved by the orders passed in I.A.No.30/2022 in O.S.No.361/2014 dtd. 9/5/2022 on the file of the learned Senior Civil Judge, Bhimavaram.

(2.) The petitioner herein is the defendant, the 1 st respondent is the plaintiff and 2 nd respondent is the 2 nd defendant.

(3.) The 1 st respondent/plaintiff filed suit vide O.S.No.361/2014 for declaration of title, recovery of possession and for recovery of Rs.100.00(Rupees hundred only) per month for unauthorized use and occupation. In the said suit, the petitioner filed present I.A.No.30/2022 under Sec. 10 of CPC, 1908 praying the Court to stay trial of the above suit till the disposal of the appeal in A.S.No.11/2018 arising out of previously instituted suit by plaintiff herein in O.S.No.431/2008 on the file of learned I additional Junior Civil Judge Court, Bhimavaram on the ground that both suits are between the same parties and the property and pleadings in both the suits are one and the same. The main issue involved is also same including the schedule property, and the suit O.S.No.431/2008 was decreed on 22/1/2018 and aggrieved thereby an appeal vide A.S.No.11/2018 was preferred by the defendants and now in order to avoid simultaneous entertaining and adjudicating of both suits of two parallel litigation in respect of same cause of action, same subject matter and same relief in the present suit on the file of III Additional District Judge, Bhimavaram, which is pending consideration. Opposing the said application, plaintiff has filed his counter. After hearing the same, the Court below has dismissed the application. Aggrieved thereby, the present revision has been filed.