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2013 DIGILAW 1686 (PNJ)

Vinay Bhushan Khanna v. Ramesh Chander Khanna

2013-12-16

PARAMJEET SINGH

body2013
JUDGMENT Mr. Paramjeet Singh, J. (Oral):- Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 30.10.2013 (Annexure P/3) passed by ld. Civil Judge (Junior Division), Ludhiana whereby application filed by the petitioner-plaintiff under Section 151 CPC for staying the proceedings in Civil Suit No. 78 dated 04.04.2011 has been dismissed. 2. I have heard learned counsel for the petitioner and perused the record. 3. Learned counsel for the petitioner submits that earlier the petitioner had filed a suit for declaratory suit titled “Ramesh Chander Khanna and others vs. Vinay Bhushan Khanna and others” wherein the parties have disputed with regard to the share has already been dismissed and the appeal against the same is pending. The present suit filed by the petitioner is for mandatory injunction and finding in this suit will be based on outcome of appeal. Therefore, in the present suit, the petitioner moved an application alleging that the proceedings in the case should be stayed. 4. The trial Court came to the conclusion that both the suits are independent and there is no stay order received from appellate Court. Otherwise also, pendency of another suit is itself no ground for stay. 5. So far as contention of learned counsel for the petitioner that finding in the earlier suit will have effect on the present suit also is concerned, this cannot be determined at this stage. The rights of the parties have been determined by the competent courts and only appeal is pending till date. The suit for declaration has already been decided against the petitioner, therefore, no ground of stay is made out. 6. In view of above, I do not find any illegality or perversity in the impugned order. Dismissed.