JAMILA BI Vs. RAMESHWARLAL

JUDGEMENT

(1.) THE petitioners before this Court have filed this present writ petition, under Article 227 of the Constitution of India, being aggrieved by the order dt. 10/1/2011, passed by 2nd Civil Judge, Class I, Indore as well as order dt. 10/9/2011 by which the review petition for reviewing the earlier order dt. 10/1/11 has been turned down.

(2.) THE contention of the petitioners is that they have filed a suit for eviction against the defendant on 20/4/09 on various grounds mentioned u/S. 12(1) of the M.P. Accommodation Control Act, 1961 and an application was preferred by the defendant u/S. 10 r/w. Sec. 151 of the Code of Civil Procedure, 1908 on 8/12/09 for staying the suit preferred by the present petitioners. A ground was raised by the defendant that a civil suit between the parties is pending before the 5th Addl. District Judge, Indore, filed by the defendant / respondent for specific performance of the contract which is in respect of the same property and, therefore, the suit for eviction deserves to be stayed.

(3.) HEARD learned counsel for the parties at length and perused the record.