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2014 DIGILAW 250 (PNJ)

Ajit Singh v. Gurpal Singh

2014-01-31

SABINA

body2014
Mrs. Sabina, J.:- Petitioners have filed this petition challenging the order dated 20.12.2013 (Annexure P-1) whereby application moved by the petitioners under Section 10 of the Code of Civil Procedure, 1908 for stay of the proceedings, was dismissed. 2. Learned counsel for the petitioners has submitted that the earlier suit filed by the petitioners for declaration that they were jointly cultivating the land in question, was dismissed. Regular Second Appeal filed by the petitioners against the said decision of the Courts below, was pending. Now the respondents had filed suit for possession of the land in question and the proceedings in the suit were liable to be stayed. 3. In the present case, suit filed by the petitioners for declaration that they were in joint cultivation of the land with Bachan Singh and Darshan Singh, was dismissed by the Trial Court. Appeal filed by the petitioners against the said judgment, is pending in this Court. Respondents have filed the suit for possession of land measuring 52 kanals and 11 marlas as described in the plaint. Suit was filed in the year 2006 by the respondents. The suit filed by the petitioners was dismissed. Hence, in these circumstances, the learned Trial Court rightly dismissed the application moved by the petitioners for stay of the proceedings qua the suit in question to await the decision of appeal pending in this Court. 4. No ground for interference is made out. Dismissed. 5. Any observations made above shall have no bearing on the merits of the case.