SUNITA KUMARI Vs. SUBODH KUMAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel appearing on behalf of respondent. The petitioner in the present application, under Article 227 of the Constitution of India, is aggrieved by the order dated 1.8.2011 passed by learned Sub-Judge-I, Patna in Eviction Suit No. 62/2009 filed by her against the respondent by which the court below, in exercise of power under Section 10 of the Code of Civil Procedure (hereinafter referred to as 'the Code'), has stayed the further proceeding of the Eviction Suit No. 62/2009 (second suit) till disposal of Title Partition Suit No. 383 of 2008 (first suit) filed by the respondent.

(2.) There are certain facts which are not in dispute.

(3.) The petitioner is wife of Shri Pramod Kumar, who is son of Shri Saradchandra Prasad. The respondent, Subodh Kumar, is youngest son of the said Shri Saradchandra Prasad. The respondent, Subodh Kumar, filed a suit seeking partition vide Title Partition Suit No. 383 of 2008. In the said Title Partition Suit the petitioner is a party/defendant No. 4. Her husband, Pramod Kumar, is also one of the defendants in the said partition suit. In the said partition suit, a deed of gift, said to have been executed by the said Shri Saradchandra Prasad in favour of the petitioner dated 14.11.2007, is also under challenge. The suit property in partition suit includes the property which is subject matter of the registered deed of gift dated 14.11.2007.