OM PRAKASH MEHTA Vs. PARMODH SINGH AND ORS.

JUDGEMENT

(1.) This petition is directed against the order rendered by the learned Civil Judge (Sr. Divn.), Distt. Una, H.P., in CMA No. 7 -VI/2013 in Civil Suit No. RBT 30 of 2009 dated 2.1.2013.

(2.) Key facts, necessary for the adjudication of this petition are that the civil suit No. RBT 30 of 2009 titled Parmodh Singh vs. Surjeet Singh and others has been instituted by respondent No. 1 Parmodh Singh for possession by way of specific performance of contract by execution of the sale deed of the land measuring 0 -38 -40 hectares, comprised in Khewat No. 20 min, Khatoni No. 28, Kh. No. 2024/792, 887, 889 and 890, as entered in the nakal jamabandi for the year 2003 -04, situated in Up -Mohal Rakkar Colony, Tehsil and Distt. Una, H.P. for the sum of Rs. 90,000/ - per kanal as sale consideration on the basis of agreement to sell dated 3.2.2008 by defendant No. 2, namely, Om Parkash, who was the General Power of Attorney of defendant No. 1 Sh. Surjeet Singh, in favour of plaintiff and in the alternative suit for recovery for the sum of Rs. 6,00,000/ -. The petitioner filed an application before the learned Civil Judge (Sr. Divn.), Distt. Una under Sec. 10 of the CPC read with Ss. 94 and 151 CPC praying that in view of the pendency of Civil Suit No. 60 of 2008 in this Court, the proceedings in Civil Suit No. 30 of 2009 be stayed. Smt. Deepika Vashishat was also party in Civil Suit No. 60 of 2008, to whom the property was sold during the pendency of the suit in this Court.

(3.) This Court vide order dated 8.3.2011 in OMPs No. 269 of 2008 and 602 of 2010 has restrained the defendants from alienating and transferring the suit property in any manner, during the pendency of the suit. According to the averments made in the application filed under Sec. 10 of the CPC read with Ss. 94 and 151 CPC, the matter in issue in Civil Suit No. 30 of 2009 is directly and substantially in issue in a previously instituted suit i.e. Civil Suit No. 60 of 2008, with respect to the same property and between the same parties or the parties under whom they or any of them is claiming or litigating under the same title. It was prayed that till the decision of Civil Suit No. 60 of 2008 in this Court, further proceedings in the suit may be stayed.