NAGAR, DISTRICT-AURANGABAD Vs. HASKALI DEVI W/O MADHESHWAR SINGH RESIDENT OF VILLAGE-BELSAR TOLA AMIR BIGHA, POLICE-STATION MEHANDIA, DISTRICT-JEHANABAD AT PRESENT RESIDENT OF VILLAGE-

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has filed the Civil Revision application against the order dated 18.7.2008 passed by learned Sub -Judge -II, Aurangabad in Title Suit No. 40/2007 by which the petition filed under Section 10 of the Code of Civil Procedure by the defendant -petitioner for stay of the suit has been rejected. The main stand of the learned counsel for the petitioner is that earlier Title Suit No.11 of 1985 had been filed by the petitioner which was dismissed on 2.4.1993 by the Sub -Judge, Aurangabad against which the petitioner filed Title Appeal No. 7/1993 which was allowed on 10.3.2000. Thereafter the opposite parties filed Second Appeal No.154/2000 which is pending for hearing after admission before this Court. In the meantime, the present Title Suit No. 175/1997 for eviction was filed against the petitioner which was earlier decreed ex parte. The same was set aside by this Court by order dated 9.8.2007 passed in Civil Revision No. 1249 of 2007. Subsequently, the petitioner filed the application under Section 10 of the Code of Civil Procedure for staying the said eviction suit which has been rejected by the impugned order.

(3.) LEARNED counsel for the petitioner submits that the subsequent eviction suit has been filed in order to get over the decree of title suit passed in first appeal. It is submitted that the present case is squarely covered by the provisions ot Section 10 of the Code of Civil Procedure since the parties to the two suits are the same or litigating under the same title and the subject matter of the two suits is essentially the same. Learned counsel contends that the validity of the gift deed is involved in both the matters.