RUKMANI BAI Vs. ASHARAM

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order of court below dated 30.10.2012, whereby the application of the petitioner preferred under Section 10 CPC is rejected by court below. This Court while entertaining the petition passed interim order dated 7.1.2013, whereby further proceedings of Civil Suit No. 17A/2012 were stayed.

(2.) THE petitioner filed Civil Suit No. 41A/2011 (Annexure P/2). During the pendency of suit, the petitioner filed application under Section 10 CPC for staying the proceedings of his suit. The prayer is made because another Civil Suit No. 26A/2010 (Annexure P/5) is pending between the same parties.

(3.) SHRI Dheeraj Budholiya, learned counsel for the respondents No.1 and 2, relied on his stand taken in the reply (Annexure P/7) dated 27.9.2012.