Pankaj Mithal, J. - (1.) HEARD learned counsel for the petitioner. Petitioner has filed this petition for the following reliefs: - i) Issue a writ, order or direction in the nature of certiorari quashing the proceedings in Suit No. 776 of 2009 (Mukhtar and 11 Others Vs. Ram Nakshatra and two Others) pending before Civil Judge, Senior Division, Court No. 18, Deoria (Annexure No. 6 to this writ petition). ii) Issue a writ, order or direction in the nature of mandamus, restraining to the respondents to not proceed any manner in Suit No. 776 of 2009 (Mukhtar and Others Vs. Ram Nakshatra and Others). iii) Issue any other order or direction, which this Hon'ble Court may deems fit and proper under the facts and circumstances of the case. iv) award the cost of the petition.
(2.) IN substance the relief claimed in the suit is for quashing of the proceedings of suit no. 776 of 2009 and in the meantime directing the court below not to proceed with the said suit. The submission of the learned counsel for the petitioner is that between the same parties relating to the same subject matter involving directly and substantially the same issue, a previously instituted Suit No. 1397 of 2006 (Mukhtar and Others Vs. Ram Nakshatra and Others) is pending and therefore the second suit is not maintainable.
(3.) THE petitioner for the above purpose can move appropriate application under Section 10 and Order 7 Rule 11 CPC. In view of the remedies available to the petitioner, the petition is dismissed.;