T SEETHAPATHY Vs. PRINCIPAL DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) THIS revision petition is filed by the petitioners/defendants under Article 227 of the Constitution of India against the order passed in I. A. No. 205 of 2008 in O. S. No. 300 of 2005, dated 30. 6. 2006 on the file of the iii Additional Senior Civil Judge (FTC)Guntur, wherein and whereby the application purported to have been filed by the petitioners under Section 10 of C. P. C. , seeking to stay all the proceedings in o. S. No. 300 of 2005 was dismissed.

(2.) HEARD the learned Counsel for the petitioners Dr. P. B. Vijay Kumar and Smt. M. Bhaskara Lakshmi, learned Standing counsel appearing on behalf of the respondents.

(3.) THE facts of the case in brief are that the respondents herein filed a suit against the petitioners herein for recovery of an amount of Rs. 4,16,414-35ps. for alleged misappropriation of funds, while working as employees in the Court of principal Senior Civil Judge at Guntur, during the period 1996 to 1998. Thereafter, criminal proceedings were initiated against the first petitioner and F. I. R. was lodged against him on the charge of misappropriation in cr. No. 158 of 2003. In simultaneous proceedings initiated by the respondents in c. C. No. 194 of 2007 on the file of the Special mobile Magistrate, Guntur, the wife of the first petitioner was discharged. Therefore, since they are simultaneously sought to be proceeded against, along with departmental proceedings, the first petitioner prayed to stay all further proceedings in the suit by way of filing an application in I. A. No. 205 of 2008 under Section 10 C. P. C. The said application was contested by the respondents, stating that the said application is not maintainable for the reason that there is no prior suit or any other proceedings pending in the Court below and as the suit in o. S. No. 300 of 2005 is not similar to that of cc. No. 194 of 2007, Section 10 C. P. C, has no application, apart from denying on merits.