RAMNARAYAN Vs. HARIRAM AND ORS.

JUDGEMENT

(1.) Parties through his counsel.

(2.) Learned counsel for the petitioner has placed reliance upon the judgment delivered in the case M.S. Sheriff and another v/s. State of Madras and others, reported in : AIR 1954 SC 397. He has also placed reliance upon the judgment delivered in the case of Vedprakash and ors. v/s. Guru Granth Saheb Sthan Meerghat Town and anr., reported in : AIR 2009 M. P. 134 and his contention is that the trial Court should have been stayed the trial of the civil suit on an application preferred under Sec. 10 of the Code of Civil Procedure, 1908.

(3.) On the other hand, learned counsel to the other side has argued before this Court that the question of staying the trial of the civil suit does not arise and before the civil suit, a declaration has been sought for setting aside the sale -deed, whereas in the criminal case, whether the petitioner has committed any crime or not, has to be looked into.