RAMAKANT SHARMA Vs. MANORAMA DEVI AND ORS

JUDGEMENT

(1.) The order under challenge in this petition is the order dated 10.9.2008 passed by the Addl. District Judge, Fast Track No.3, Jaipur City, Jaipur (hereinafter referred to as the trial court ) in Civil Suit No. 68 of 2008, whereby the trial court has allowed the application of the respondents-original defendants filed under section 10 of CPC for staying the proceedings of the suit.

(2.) Heard learned counsel for the parties.

(3.) It appears that one suit being No.144 of 2005 has been filed by the respondent Ashok Kumar Sharma and others in which the present petitioner Ramakant Sharma was subsequently added as the defendant No.10. The said suit has been filed seeking partition of the suit property and is pending before the trial court. The trial court in the said suit has framed as many as 9 issues. It further appears that the present suit being No.68 of 2008 has been filed by the petitioner against respondents seeking possession of the suit property contending interalia that the deceased Kalyan Vidhyarthi had executed a registered sale deed dated 31.1.2002 in favour of the petitioner bequeathing the suit property to him. In the subsequent suit, the respondents-defendants filed an application under Section 10 of CPC before the trial court seeking stay on the ground that the issue with regard to the Will allegedly executed by late Shri Kalyan Vidhyarthi was one of the issues in the earlier suit which is also an issue in the subsequent suit filed by the petitioner, and therefore, the same deserved to be stayed. The trial court allowed the said application vide the impugned order and stayed the proceedings of the subsequent suit i.e. 68/08.