(1.) BY this petition under Article 227 of the Constitution of India, the petitioners/defendants are challenging the validity of the impugned order dated 01.09.2012 passed by learned Civil Judge, Class II, Amarpatan, District Satna in Civil Suit No. 452 -A/2006 by which defendants' application under Section 10 CPC has been rejected.
(2.) A civil suit 94 -A/1999 in the Court of Civil Judge Class II, Amarpatan was filed by Mst. Dadolwa and Ram Naresh against several defendants including Ramakant who is present plaintiff in the later suit filed by him in the Court of Civil Judge, Class II, Amarpatan and which has been registered as Civil Suit No. 94 -A/99. On bare perusal of the plaint of the earlier suit annexure P/2 this Court finds that in para 5 plaintiff interalia has specifically pleaded that the defendants by keeping the plaintiffs in dark sold 0.40 decimal area of Survey no.506 to 4 th defendant Ramakant of that suit vide registered sale deed dated 7.8.1998 for a consideration of Rs. 32,000/ -. In the earlier suit the plaintiffs sought following reliefs: -" <IMG>JUDGEMENT_614_MPLJ4_2013.jpg</IMG> <IMG>JUDGEMENT_614_MPLJ4_20131.jpg</IMG>
(3.) ON bare perusal of the averments made by the present plaintiff/respondent Ramakant in his plaint (later suit) Annexure P/6 , this Court finds that by virtue of the said sale deed executed in the year 1998 for a consideration of Rs.32,000/ -, he is seeking decree of injunction in respect to Survey no.506/2, area 0.40 decimal. Hence an application under Section 10 CPC has been filed by the defendants/petitioners to stay the present suit. This application of defendants/petitioners has been rejected by learned trial Court by passing the impugned order. In this manner, this petition has been filed.