PARESH RAM RAURKAR Vs. SAKHARI BAI RAURKAR

JUDGEMENT

(1.) CHALLENGE is to the order no.26 dated April 17, 2007 passed by the learned Civil Judge (Junior Division), 2nd Court, Midnapore in Other Suit No.46 of 2004 thereby rejecting an application under Section 10 of the C.P.C.

(2.) THE plaintiffs / opposite parties herein instituted a suit being Other Suit No.46 of 2004 against the predecessor-in-interest of the petitioners before the learned Munsifs, 2nd Court, Midnapore for a decree of declaration of title and permanent injunction. THE petitioners entered an appearance and they filed a written statement. THE suit proceeded in usual course and it is at the stage of peremptory hearing. Previously, the petitioners instituted a suit being Title Suit No.191, 1991 before the learned Civil Judge (Junior Division), 2nd Court, Midnapore against the opposite parties for declaration of right, title and interest in the suit property, eviction and also for permanent injunction over the selfsame property. In this suit evidence on behalf of both the sides has been completed and the suit has been fixed for argument the stage of peremptory hearing. THE petitioner filed an application for stay of the later suit, that is, Other Suit No.46 of 2004. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) SINCE, the Title Suit No.191 of 1991 is at the stage of hearing argument, the learned Trial Judge is directed to dispose of the said Title suit within a period of 30 days from the date of the communication of this order.