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2018 Supreme(All) 82

JAYANT BANERJI
MOHAMMED YUNUS – Appellant
Versus
RAHEES AHMED – Respondent


Advocates:
Counsel :
Shreya Gupta and Ravi Anand Agarwal for the Petitioners.

JUDGMENT

Hon’ble Jayant Banerji, J.—The petitioners, who are the defendants in O.S. No. 14 of 1999 have challenged the order dated 22 May 2017, passed by the District Judge, Bulandshahar in Civil Revision No. 57 of 2017 as well as the order dated 23 September 2016, passed by Additional Civil Judge (Junior Division), Khurja, Bulandshahar in Original Suit No. 14 of 1999. The petitioners have further prayed for allowing the application under Section 10 of Code of Civil Procedure,1908 (hereinafter referred to as C.P.C.) staying the proceedings of O.S. No. 14 of 1999 (Rahees Ahmad v. Mohd. Yunus and others) during the pendency of the previously instituted suit No. 349 of 1983 (Abdul Azeez v. Sameena and others).

2. On 23 October 2017, notices were directed to be issued to the sole respondent both by registered post as well as Dasti and the matter was directed to be listed on 15 November 2017. On 15 November 2017, an affidavit of service was filed on behalf of the petitioners which was taken on record by the Court and the Court recorded that the notice is sufficient on the responden

































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