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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
M.S. JAWALKAR
Radha Madhav Developers – Appellant
Versus
Vinod Kumar S/o. Rajaram Agarwal – Respondent
JUDGMENT :
M. S. JAWALKAR, J.
(1) Rule. Rule made returnable forthwith.
(2) Heard learned Counsel for both the parties.
(3) Being aggrieved by the said Order dated 27/06/2024, passed by learned 12th Joint Civil Judge Senior Division, Nagpur. The Petitioner is a partnership firm, registered under the provision of Indian Partnership Act, 1932. The Petitioner firm is represented through its authorised partner Mr. Rajesh Navranglal Agrawal, who is well aware of the facts and circumstances, which have culminated into filing of the suit bearing No. Spl. C. S. No.1243/2022, which is a Suit for Cancellation of Agreement to Sale Dt. 18.01.2022. The Petitioner firm is engaged in the business of real estate and has developed a township named and styled as Vrindavan Township, consisting of various residential, commercial units as well as various amenities and facilities.
(4) On 18/01/2022, Registered Agreement to sale was executed between the petitioner and respondents, whereby, the respondents agreed to purchase Row House No. B1-C3, having built up area admeasuring 255.50 Sq.mt., covered in 6 bedrooms, from the petitioner and paid part payment of Rs. 15,23,334/-, out of Rs. 94,23,334/-. The respon
The jurisdiction of civil courts and consumer forums is distinct; Section 10 of the CPC applies only when the matters in both suits are identical.
Section 10 of the CPC aims to prevent simultaneous trials of parallel suits on the same matter, applicable only if the substantive issues are identical.
Parties seeking stay of proceedings under Section 10 must demonstrate direct and substantial similarity of issues, and late applications are discouraged, particularly at trial's end.
An agreement to sell does not confer any legal right until formally executed; merely having such an agreement without a registered sale deed leaves no interest to sue third parties.
Stay of suit – For applicability of Section 10 of C.P.C. there must be complete identity of entire two suits – Section 10 was never intended to take away inherent power of Court to consolidate for in....
Where khatedari rights are yet to be determined/declared, a party has to first approach Revenue Courts.
Under Section 10 CPC, different reliefs sought in suits permit simultaneous proceedings, as the provision aims to prevent concurrent trials of the same matter.
Section 10 CPC applies only when issues in both suits are directly and substantially the same; otherwise, separate proceedings may continue without conflict.
“Since Complainant ceased to be a consumer, complaint held not maintainable.”
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