ARUN BHIMAVAD Vs. ANSHUL JAIN

JUDGEMENT

(1.) Parties through their counsel.

(2.) The present petition has been filed against the order dated 12-11-2014 passed in Civil Suit No. 37-A/2014 by the III Additional Civil Judge Class-II, Shajapur.

(3.) The facts of the case reveal that the petitioners have filed a civil suit i.e. Civil Suit No. 37-A/2014 before the III Additional Civil Judge Class-II, Shajapur for declaration, mandatory injunction, possession and mesne profit. The plaintiffs have purchased the suit property vide registered sale deed dated 31-03-2011 from respondent Nos. 1, 2 & 3. It is stated in the present writ petition that the respondent No.5 has filed some complaint against the vendor of the property along with the present petitioners, alleging commencement of offence u/Ss. 420, 467, 468, 471, 475, 34 of IPC and the learned Judicial Magistrate has taken cognizance of the complaint and the proceedings are going on in criminal case ST No. 316/2013 and which is pending in Additional Sessions Judge, Shajapur. In Civil case i.e. Civil Suit No. 37-A/2014, an application was preferred u/S. 10 of the Code of Civil Procedure, 1908 and the trial court has stayed the proceedings of the suit. The basic question before this court is whether on account of pendency of criminal case, a civil suit can be stayed or not ? Section 10 and Section 151 of the Code of Civil Procedure, 1908 reads as under :