JOGMAYA DAS Vs. PURABI DAS

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the Order No. 41 dated 09.03.07 passed by the Civil Judge (Junior Division), Additional Court, Lalbagh in Suit No. 206 of 2005 thereby allowing an application under Section 10 of the Code of Civil Procedure.

(2.) THIS short fact is that the petitioner instituted the suit being O.S. No. 206 of 2005 (earlier No. 74/99)praying for declaration of her title with regard to the property in suit, permanent injunction and other reliefs. In that suit, the defendants / opposite parties herein entered appearance and they are contesting the said suit. During the pendency of the suit, they filed an application for stay of the suit contending that the earlier suit being Title Suit No. 168/98 is pending between the same parties over the self same matter. That application for stay was allowed on contest. Being aggrieved this application has been preferred. Now the point is whether the impugned order should be sustained.

(3.) FOR that, reason the Title Suit being T.S. No. 206 of 2005 pending before the learned Civil Judge (Junior Division) Additional Court, stands withdrawn and the same is transferred to the Court of the learned Civil Judge (Junior Division) Lalabag, Murshidabad for disposal. The learned Civil Judge (Junior Division) shall dispose of the two suits analogously within a period of six months from the date of communication of this order to him. This application is disposed of in the manner indicated above.