BHAGWAT SINGH Vs. RAM PRASAD

JUDGEMENT

(1.) THIS petition is filed by the petitioner who is defendant in Civil Suit No. 40-A/04 in the Court of Civil Judge, Class-II, Mungolli, District Ashok Nagar challenging order (Annexure P-1), dated 21-4-06.

(2.) THE brief facts of the case are that respondent in the present case has filed a civil suit against the defendant in respect of agricultural land bearing survey No. 21 and 22 situated in Village Chevlai, Tehsil Mungawali. After service of notice of the suit an application under Order 39 Rules 1 and 2, CPC. The present petitioner has filed an application under Section 10 read with Section 151, CPC for stay of the civil suit till the pendency of a Criminal Case No. 6/05, which is pending against the present petitioner for commission of offence under Sections 294,379, IPC.

(3.) CONTENTION of learned Counsel for the petitioner is that as a criminal case in respect of the same land or disputed property is pending before the Criminal Court. Hence, in view of the judgment of Apex Court in case of M. S. Sheriff v. State of Madras AIR1954 SC 397 , [1954 ]1 SCR1144 , the suit be stayed. This application is rejected by the Trial Court hence this petition is filed by the defendant under Article 227 of the Constitution of India.