M. N. JAGADEESH Vs. G. RACHAIAH

JUDGEMENT

(1.) The present Civil Revision Petition is filed under Article 227 of the Constitution of India, aggrieved by the order, dated 29.10.2019, passed in I.A.No.438 of 2019 in O.S.No.71 of 2018 on the file of the Senior Civil Judge, Gadwal, wherein and whereunder an application filed, under Section 10 read with Section 151 of C.P.C., by the respondents/defendants seeking to stay the suit, was allowed.

(2.) The facts in issue are as under:

(3.) The petitioners/plaintiffs herein filed O.S.No.71 of 2018 for grant of permanent injunction restraining the respondents/ defendants and their men from interfering with their peaceful possession of the suit scheduled property. During pendency of the suit, the respondents/defendants filed I.A.No.438 of 2019 seeking to stay the suit in O.S.No.71 of 2018. It is stated in the affidavit filed in support of the petition that the respondents/defendants filed O.S.No.84 of 2018 for perpetual injunction against the petitioners/plaintiffs. Initially, the respondents/defendants filed O.S.No.84 of 2018 before the Vacation Court, Gadwal and the same was returned for some objections and later, they re-presented the said suit before the regular Court i.e., on 04.06.2018 and they found that the petitioners/plaintiffs have already filed caveat petition before the Vacation Court through Sri R.Raghurami Reddy, Advocate, Gadwal, and the Principal Junior Civil Judge, Gadwal, ordered urgent notice in O.S.No.84 of 2018 and said Sri R.Raghurami Reddy, Advocate, appeared before the Court and requested time for filing counter on behalf of the petitioners/plaintiffs. Surprisingly, by changing their Advocate, the petitioners/plaintiffs approached the Senior Civil Judge, Gadwal and filed O.S.No.71 of 2018, seeking permanent injunction and that no single word was mentioned in the plaint in O.S.No.71 of 2018 with regard to the aspects of filing of caveat petition as well as pendency of O.S.No.84 of 2018 filed by the respondents/ defendants against them. It was also stated that the respondents/ defendants came to know through their Counsel that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. It was further stated that O.S.No.71 of 2018 was filed by the petitioners/plaintiffs after the respondents/ defendants filed a civil suit vide O.S.No.84 of 2018, for the same relief, which is pending in between the same parties, before the Principal Junior Civil Judge, Gadwal, as such, it is essential to stay the proceedings in the above suit i.e., O.S.No.71 of 2018, otherwise, they will be put to great loss and injustice, which cannot be compensated.