SHRI EKLINGJI TRUST Vs. SHRI MAHENDRA SINGHJI

JUDGEMENT

(1.) The present writ petition has been preferred against the order dtd. 22/7/2024 (Annex.P/18) passed by the Additional District Judge No.2, Udaipur in Original Suit No.123/2011 (CIS No.1663/2014) whereby the application under Sec. 10 read with Sec. 151, CPC as preferred on behalf of the defendants, has been rejected.

(2.) Vide the application under Sec. 10, CPC it was prayed on behalf of the defendants that three first appeals (S.B.Civil First Appeals No.420/2020, 547/2020 and 551/2020) against the judgment and decree dtd. 30/6/2020 in a suit for partition as preferred by present plaintiff Mahendra Singh remains pending before the High Court. In the said suit for partition, the entitlement of the present plaintiff based on principle of Primogeniture was also under consideration and the said suit was partly decreed in favour of the plaintiff. In the first appeal against the said judgment and decree, vide interim order dtd. 18/6/2022, the effect and operation of the judgment and decree dtd. 30/6/2020 was stayed and the first appeals remain pending as of date, therefore, unless and until the said first appeals are decided, the present suit deserves to be stayed.

(3.) Second ground raised in the application under Sec. 10, CPC was that earlier vide judgment and decree dtd. 15/2/1994, the Trust in question was declared to be a 'Public Trust' and an appeal against the said judgment and decree being S.B. Civil First Appeal No.56/1994, also remain pending adjudication before the High Court. Therefore also, till the said appeal is decided and the nature of the Trust is finally determined, the present suit deserves to be stayed as the issue in said first appeal and the present suit is substantially the same.