Decided on December 07,2020

Ramnivas Chetram Agarwal Appellant
Lila Lall Respondents


- (1.) By this petition the petitioner (Defendant No.3) is challenging the order dated 15th July 2010 (below Exhibit-142) and the order dated 07th November 2012 (below Exhibit-150), in Special Civil Suit No.2084 of 1995. By the impugned orders the learned Trial Court has refused to stay the suit, under Section 10 of the Civil Procedure Code (for short 'CPC').
(2.) The Respondent No.1 now deceased Mrs.Lila Lall had earlier filed Special Civil Suit No.289 of 1986, inter alia challenging the Sale Deed No. No.22/61/68/11 dated 01 st November 1968 and for a declaration of ownership and other consequential reliefs. That suit was filed against Rahunandan Lall, Rampyare and Inder Lall Varma. It may be mentioned that the petitioner was subsequently impleaded as party Defendant No.3 in the said suit. The said suit came to be dismissed on 24th June 1987. The original plaintiff, challenged the same, before this Court in First Appeal No.891 of 1987, which was transferred to the learned District Judge in view of the enlargement of the pecuniary jurisdiction and was registered as Civil Appeal No.511 of 2000. The said appeal came to be allowed on 31st January 2006 and Special Civil Suit No.289 of 1986 was eventually decreed. Feeling aggrieved the petitioner has challenged the same, before this Court in Second Appeal No.645 of 2006 which has been admitted and is pending before this Court.
(3.) In the interregnum Respondent No.1 filed Special Civil Suit No.2084 of 1995, inter alia challenging the Sale Deed Nos. 1235/95/11 and 1237/95/11, both executed and registered on 30 th March 1995. A perusal of Clause-2 of the prayer Clause, shows that the Respondent No.1 has also challenged the Sale Deed dated 01 st November 1968, which was subject matter of challenge in the 1986 suit.;

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