RAJENDRA KUMAR JAIN Vs. DUSHYANT KUMAR JAIN

JUDGEMENT

(1.) Heard. Petitioners have filed this petition under Article 227 of the Consitution of India aggrieved by the order dated 4.3.2008 passed by Third Additional District Judge, Guna in Civil Suit No. 25-A 2005, whereby learned trial Court has rejected an application filed by the petitioners under section 10 of C.P.C. for stay of the further proceedings of the aforesaid case till the pendency of final disposal of earlier instituted suit No. 32-A/04 for which first appeal No. 1 -A/06 is pending before this Court.

(2.) Facts of the case are that respondent No. 1 Dushyant has filed present suit for partition and declaration against the present petitioners which is pending before the Additional District Judge, Guna which is registered as Civil Suit No. 25-A/05. Earlier a suit has been filed which is Civil Suit No. 32-A/04 by the petitioners against the respondents Dushyant and Smt. Manju Jain with regard to declaration of a sale deed as null and void which is executed in favour of respondent Dushyant by one Co-owner of the property concerned, that Civil suit has been dismissed by judgment dated 6.9.2005. Against the aforesaid judgment and decree, first appeal No. 1-A/06 is pending before this Court. Subsequently, respondent Dushyant has filed present suit No. 25-A/05 for partition of the property and declaration. In this case, the petitioners have filed an application under section 10 of C.P.C. for stay of the further proceedings of the present case till the final disposal of the appeal No. 1 -A/06. Learned trial Court by impugned order rejected the aforesaid application, hence, the petitioners came up before this Court by this petition.

(3.) Having heard learned counsel for the parties and perused the impugned order.