- (1.) Both these writ petitions have been preferred by the petitioners against the orders dated 20.09.2013 passed by learned Civil Judge (Jr.Division), Deogarh, District Rajsamand (for short 'the trial court' hereinafter), whereby the learned trial court has rejected the applications preferred by the petitioners under section 10 read with section 151 of the Code of Civil Procedure for staying the proceedings of the suit No.12/2012 and the proceedings under an application for temporary injunction.
(2.) The learned counsel for the petitioners has argued that respondent No.1 Bheru Singh earlier filed a revenue suit for partition and declaration in the Court of Sub-Divisional Officer, Deogarh, District Rajsamand, and later on, filed a suit for injunction for the same land, which was subject-matter before the revenue court. It has also been argued by the learned counsel for the petitioners that the parties in both the suits are same and, therefore, as per the provisions of section 10 of the Code of Civil Procedure, the proceedings before the civil court should have been stayed by the learned trial court but the learned trial court has rejected the applications of the petitioner under section 10 of the Civil Procedure Code in cursory manner. The learned counsel for the petitioners has further argued that in the facts and circumstances of the case, if the trial court was not inclined to stay the proceedings of the civil suit, then it should have ordered for consolidation of both the suits but the learned trial court has failed to exercise the said discretion also and, therefore, the impugned orders dated 20.09.2013 are bad in the eye of law and liable to be quashed.
(3.) The learned counsel for the petitioners has placed reliance on the decisions of Hon'ble Supreme Court and various High Courts which are thus; in Ramdas vs. Sitabai & Ors., 2009 4 CivCC 259; Gupte Cardiac Care Centre Hospital (M/s.) vs. Olympic Pharma Care Pvt. Ltd.,2004 DNJ 532; Chitivalasa Jute Mills (M/s.) vs. M/s. Jaypee Rewa Cement,2004 DNJ 291; Shabir Ahmed Khilji vs. Mehar M. Sadique & Ors.,2003 3 DNJ 1198; Bihar Solvent Extraction Co. & Ors. vs. Bihar State Forest Development Corporation Ltd., 1998 AIR(Pat) 111; Chandrasekhar Mohanty & Ors. vs. State of Orissa & Ors., 2008 1 CivCC 60; and Khandrika Jagadeeshwara Sharma vs. Khandrika Chayanatha Sharma & Anr., 2012 2 CivCC 169.;