1. Durga Devi Wife of Sri Kailash Prasad Agrawal.
2. Kailash Prasad Agrawal S/O Late Banarsi Lal Agrawal Both Resident of
Mohalla- Ramchowk, Shamsherganj P.O.- Lalbagh, P.S. Town- Dist.-
Darbhanga.
.... .... Petitioner/s
Versus
Vijay Kumar Poddar S/O Late Nagermd. Poddar Resident of Mohalla- Bara Bazar
P.O. Lalbagh P.S. Town And Dist.- Darbhanga.
.... .... Respondent/s
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Appearance :
Date: 17-03-2015
Heard Mr. Gopal Jee, the learned counsel for the
petitioners.
Calling in question the refusal by the learned court below
to stay the proceeding of eviction suit during the pendency of the suit
for specific performance of contract by exercising the power under
Section 10 C.P.C., the petitioners have filed this application under
Article 227 of the Constitution of India.
The facts are not in dispute that the suit for specific
performance of contract has been filed by the petitioners seeking a
decree against the respondent for execution of sale deed on the basis
Patna High Court CWJC No.5714 of 2014 dt.17-03-2015
of the agreement for sale for the suit premises. However, the
respondent has filed the eviction suit against the plaintiff (petitioner)
of the suit. The learned court below by the impugned order has come
to the conclusion that the provision of Section 10 C.P.C. is not
applicable as the issues are not directly or substantially the same in
both suits. The prayer of the petitioner was, therefore, rejected.
Considering the facts and circumstances of the case and the
submissions on behalf of the petitioners, this Court has not been
persuaded to interfere with the impugned order.
At this stage, the learned counsel for the petitioner has
prayed for a liberty to file appropriate petition for analogous hearing
of the suit. The present writ application is dismissed with liberty to the
petitioners to pursue the remedy including the relief for praying for
analogous hearing, if available in accordance with law.
(V. Nath, J)
Devendra/-
U