PRAFULLA KUMAR MALLICK Vs. PRASANNA KUMAR SAMANTRAY

JUDGEMENT

(1.) This Civil Miscellaneous Petition involves setting aside of the order dated 26.8.2017 passed in R.F.A.No.6 of 2017 appearing at Annexure-5 thereby rejecting the prayer for stay of further proceedings of R.F.A. No.6 of 2017 till the disposal of Civil Suit No.50 of 2011.

(2.) Short background involved in the case is that petitioner as plaintiff filed Civil Suit No.50 of 2011 in the court of Civil Judger (Senior Division), Bhubaneswar, a suit for specific performance of contract, declaration and permanent injunction etc., involving the present opposite party as defendant no.2, further involving defendant no.1, the vendor of defendant no.2 and also other two defendants involving suit property House No.L-197 G.G.P. Colony, Rasulgarh, Bhubaneswar. Similarly, the present opposite party being defendant no.2 in Civil Suit No.50 of 2011 as plaintiff filed a separate suit i.e. Civil Suit No.814 of 2011 in the same court for relief of eviction against the present petitioner appearing herein as defendant. During pendency of the Civil Suit No.50 of 2011, Civil Suit No.814 of 2011 for eviction involving the same parties was taken up and in the meantime disposed of by judgment and decree resulting R.F.A. No.6 of 2017 pending before the learned District Judge, Khurda at Bhubaneswar.

(3.) The petitioner-plaintiff in Civil Suit No.50 of 2011 filed an application under Section 10 of the Code of Civil Procedure applying for stay of R.F.A. No.6 of 2017 till disposal of Civil Suit No.50 of 2011. The learned District Judge hearing the parties involved in R.F.A. rejected the application for stay of the proceeding in R.F.A. No.6 of 2017 till disposal of Civil Suit No.50 of 2011. Hence the present Civil Miscellaneous Petition.