AJAIB SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) The petitioner-defendant No. 1, by way of present revision petition, seeks setting aside of the order dtd. 10/10/2023 (Annexure P-9) passed by learned Civil Judge (Junior Division), SAS Nagar/Mohali (hereinafter to be referred as "trial Court "), in Civil Suit No. 334 of 2021, titled "Balbir Singh Versus Ajaib Singh and Ors. " (hereinafter to be called as "First Suit "), whereby an application under Sec. 10 of the Code Civil Procedure, filed at the instance of petitioner-defendant No.1, for seeking stay of the proceedings of First Suit for separate possession by way of partition, filed at the instance of respondentplaintiff, stands dismissed.

(2.) Briefly stating, respondent-plaintiff No. 1 first filed a suit for separate possession by way of partition, claiming 1/12th share in land comprised in Kh/Kh No. 342/331/364 bearing Khasra No. 250 (0-5), situated within the area of Village Mataur, H.No. 7, Tehsil & District SAS Nagar as per jamabandi for the year 2013-14, besides claiming a decree for grant of permanent injunction restraining the defendants from raising construction or alienating the same in any manner. The aforesaid said / First Suit was filed on 22/4/2021, the petitioner (Ajaib Singh) been arrayed as defendant No. 1 therein. Later in 2022, the petitioner filed a subsequent suit bearing Civil Suit No. 66 of 2022, titled "Ajaib Singh Versus Balbir Kaur and others " (hereinafter to be called as "Second Suit ") for challenging the mutation entries qua the suit property and also claimed decree for permanent injunction for restraining the defendants therein from interfering in his possession. Thereafter, an application under Sec. 10 of the Code of Civil Procedure was moved by the petitioner, seeking stay of proceedings in the First Suit filed at the instance of respondent No. 1-plaintiff (Balbir Singh).

(3.) The prayer made on behalf of petitioner-defendant No. 1 in the aforesaid application was contested by the plaintiff-respondent No. 1 herein and the trial Court vide its order dtd. 10/10/2023 (P-9) dismissed the same. Hence, the present revision petition.