CHENA RAM Vs. GORDHAN

JUDGEMENT

(1.) BY the impugned order dt. 04.06.2013 (Annex. 5), the learned Additional District Collector, Nohar, in revision petition filed by the respondent - Gordhan S/o. Jeeram, rejected the application filed by the present petitioner - Chena Ram S/o. Jeeram, under Sec. 10 of C.P.C., for staying the proceedings in respect of cancellation of 'Patta'. Mr. G.R. Bhari, learned counsel for the petitioner submitted that since the second appeal being SBCSA No. 406/2011 - Chena Ram vs. LR's of Gangabishan & Ors., is pending in this Court arising out of suit filed by Gangabishan, from whom the respondent - Gordhan S/o. Jeeram had purchased the suit property, therefore, the said proceedings in revision petition deserves to be stayed on the anvil of Section 10 of C.P.C.

(2.) THE learned Court below has stated in the impugned order dt. 04.06.2013 that since the revision -petitioner, Gordhan, was not impleaded as party in the appeal filed by the petitioner, Chena Ram, therefore, in the revision petition, the proceedings could not be stayed under Sec. 10 of C.P.C. in view of pendency of second appeal before this Court, viz. SBCSA No. 406/2011 -Chena Ram vs. LR's of Gangabishan & Ors.