GHULAM GHAUS Vs. ALIHAN KHATOON

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been filed by the defendants/petitioners challenging the order dated 22.09.2018 passed in Title Suit No.114 of 1995 by the court of Munsif, West, Muzaffarpur by which their petition dated 30.08.2013 filed under Section 10 read with Section 151 of the Code of Civil Procedure (for short 'CPC') was rejected.

(2.) Learned counsel appearing for the petitioners submitted that while passing the impugned order dated 22.09.2018, the learned Munsif did not appreciate the facts and law involved in the case. By not staying Title Suit No. 114 of 1995, the learned Munsif has left the case to a stage where a conflicting finding in two cases between the same parties in respect of the same property may be passed. The learned Munsif has failed to appreciate that a conflicting decision in respect of same property may affect the sanctity and spirit of judicial proceedings. According to him, the court below also failed to appreciate the ambit and scope of Section 151 of the CPC which was also invoked by the defendants by seeking relief in the matter.

(3.) Having heard learned counsel for the petitioners and perused the order impugned, I find that the facts of the case lies in a narrow compass.