NARINDER KUMAR Vs. USHA RANI

JUDGEMENT

(1.) The present revision petition is directed against the order dtd. 10/1/2025 (Annexure P-6) passed by the Court of learned Civil Judge (Sr. Divn.), Ludhiana, vide which the application filed by the petitioner under Sec. 10 of the Code of Civil Procedure, 1908 (for short the "CPC") was dismissed.

(2.) The facts, as emanating from the petition, are that a civil suit (Annexure P-1) was filed by the petitioner for declaration to the effect that the petitioner/plaintiff was the exclusive owner in possession of House No.8808, measuring 210 sq. yds. (fully described in the plaint) situated at Haibowal Kalan, New Vijay Nagar, Street No.2, Ludhiana (hereinafter referred to as the "suit property") on the basis of family arrangement dtd. 21/12/1994 entered into between the mother of the plaintiff namely Bharto Devi with the plaintiff and the defendants. Further declaration that Mutation No.43190 with regard to the suit property was illegal, fraudulent and against the family arrangement dtd. 21/12/1994 and that the entries in the Jamabandi on the basis of Mutation No.43190 were also illegal, null and void. This suit came to be partly decreed vide judgment and decree dtd. 20/11/2023 (Annexure P-2) passed by the Court of learned Civil Judge (Jr. Divn.), Ludhiana. A decree for permanent injunction was passed restraining the respondents-defendants from interfering in the peaceful possession of the petitioner/plaintiff over the suit property or from dispossessing him from the suit property forcibly except by following the due course of law. However, the relief of declaration was declined. An appeal (Annexure P-3) was filed against the said judgment and decree and the same is stated to be pending. Thereafter, the respondents- defendants No.1 and 2 filed a suit for possession of the same property against the present petitioner and defendant No.3(Raj Kumar). An application (Annexure P-5) under Sec. 10 CPC was moved by the petitioner for staying of the trial of the subsequent suit i.e. Civil Suit No.748 of 2024 which has been dismissed by way of the impugned order.

(3.) I have heard learned counsel for the petitioner.