GOVIND PRASAD Vs. SANDEEP KUMAR

JUDGEMENT

(1.) With consent of learned counsel for the parties, petition is finally heard.

(2.) Order-Dated 27.4.2013 passed by VIIIth Additional District Judge, Jabalpur in Civil Suit No.10-A/2011 is being assailed vide this petition, under Article 227 of the Constitution of India; whereby, an application preferred by the petitioner/defendant no.1 under Section 10 of the Code of Civil Procedure, 1908 for stay of suit filed by respondent no.1/plaintiff has been rejected.

(3.) Suit by respondent no.1/plaintiff is for permanent injunction restraining the defendants not to dispossess the plaintiff from the suit property as well as from the shop. That, during pendency of the suit, the plaintiff was allegedly dispossessed by the defendants, which led the plaintiff to seek the decree for possession and mesne profits. The right and title over the suit property is claimed on the basis of Will-dated 19.2.2001.