SAMIR HALDER Vs. DIPAK HALDER

JUDGEMENT

(1.) The order dtd. 27/7/2023 passed by the learned Civil Judge, (Junior Division), Additional Court, Sealdah in Title Suit No. 247 of 2019 is under challenge in this application under Article 227 of the Constitution of India at the instance of the plaintiff.

(2.) By the order impugned, the application under Sec. 151 of the Code of Civil Procedure praying for stay of all further proceedings of Title Suit No. 247 of 2019 till the disposal of the Revocation Case No. 1 of 2019 was allowed.

(3.) Mr. Biswas, learned advocate appearing for the petitioner submits that the suit for recovery of possession, upon revocation of license, could not have been stayed till the disposal of the revocation proceeding as the nature and character of the two proceedings are not identical. He further submits that the suit for eviction being an earlier proceeding cannot be stayed under Sec. 10 of the Code of Civil Procedure on the ground of pendency of a revocation proceeding.