K. SITARAM PATRO Vs. K. SARALADEVI PATRO

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India, the petitioners have prayed, inter alia, to stay the further proceeding of C.S. No.114 of 2005 of the court of the learned Civil Judge (Sr. Divn.), Berhampur till disposal of Sessions Case No.2 of 2003 pending in the court of the learned Asst. Sessions Judge -cum -Chief Judicial Magistrate, Berhampur.

(2.) The opposite party as plaintiff instituted the suit claiming compensation of Rs.1,11,000/ - impleading the petitioners as defendants. The case of the plaintiff is that the marriage between her daughter and defendant no.2 was solemnized in accordance with the hindu rites and customs. As per the demand of the defendants, the plaintiff had given articles including cash amounting to Rs.1,50,000/ -. At the time of negotiation, she had spend an amount of Rs.50,000/ - towards articles. While the matter stood thus, defendant no.2 committed murder of her daughter. Thereafter, F.I.R. was lodged and Berhampur P.S. Case No.54 of 2001 was registered. The said case corresponds to G.R. Case No.884 of 2001. The case has been committed to the court of the Asst. Sessions Judge -cum -Chief Judicial Magistrate, Berhampur and renumbered as Sessions Case No.2 of 2003. With this factual scenario, the suit was filed.

(3.) Pursuant to issuance of summons, the defendants entered appearance and sought for adjournment to file written statement.