JUDGMENT - A.D. MANE, J.:---Rule. Rule is made returnable forthwith on the request of the learned counsel for the parties.

2.The petitioners are the original defendants in Special Civil Suit No. 19 of 1996 filed by the respondent original plaintiff for recovery of damages on the allegation that the defendant published an article which contained imputations against the plaintiff whereby the plaintiff has suffered extreme injury to his reputation and profession. The suit was filed on 8-1-1996. After filing the suit, the plaintiff has filed his private complaint under section 500 of the Indian Penal Code against the defendants in the Court of Judicial Magistrate, First Class, Majalgaon. The learned Magistrate took cognizance of the complaint and issued process against the defendants in Criminal Case No. 96 of 1996.

3.It appears that the plaintiff led some evidence but the defendants at the same time applied for stay of the suit since according to the defendants simultaneous prosecution of the criminal proceeding and civil suit would embarass them. The learned trial Judge, however, rejected their application by the impugned order dated 3-3-1997.

4.Shri Indani, learned Counsel for the pet

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