JUDGMENT :

1. The petitioner has filed this petition challenging the order dated 04-08- 2022 passed by the Second Additional Principal Judge, Family Court, Raipur (Chhattisgarh) whereby the application moved by the petitioner under Section 10 of the CPC for staying of further proceeding of Case No.74/2021 was rejected.

2. The petitioner herein who is maternal uncle of the minor has filed a suit No.18/2021 before the Second Additional District Judge, Rajnandgaon (Chhattisgarh) under Section 7 of the Guardians and Wards Act, 1890 (in short ‘the Act, 1890’). The minor is staying with the petitioner herein. Notices were issued to the non-applicants/defendants and one of the defendants is Yshodhara Singh who is aunt of the minor marked her appearance in the case.

3. Thereafter, respondent No.1 Yashodhara Singh filed another suit under Section 7 of the Act, 1890 before the learned Family Court, Raipur (Chhattisgarh) and the present petitioner has been arrayed as defendant in that case. After issuance of notice to the petitioner, he appeared and moved an application under Section 10 of the CPC for stay of the proceeding on the ground that similar proceeding between the same parties for same