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2015 Supreme(MP) 941

S.C.SHARMA
Arun Bhimavad – Appellant
Versus
Anshul Jain – Respondent


JUDGMENT :

1. Parties through their counsel. The present petition has been filed against the order dated 12-11-2014 passed in Civil Suit No. 37-A/2014 by the III Additional Civil Judge Class-II, Shajapur.

2. The facts of the case reveal that the petitioners have filed a civil suit i.e. Civil Suit No. 37-A/2014 before the III Additional Civil Judge Class-II, Shajapur for declaration, mandatory injunction, possession and mesne profit. The plaintiffs have purchased the suit property vide registered sale deed dated 31-03-2011 from respondent Nos. 1, 2 & 3. It is stated in the present writ petition that the respondent No. 5 has filed some complaint against the vendor of the property along with the present petitioners, alleging commencement of offence u/Ss. 420, 467, 468, 471, 475, 34 of IPC and the learned Judicial Magistrate has taken cognizance of the complaint and the proceedings are going on in criminal case ST No. 316/2013 and which is pending in Additional Sessions Judge, Shajapur. In Civil case i.e. Civil Suit No. 37-A/2014, an application was preferred u/S. 10 of the Code of Civil Procedure, 1908 and the trial court has stayed the proceedings of the suit. The basic question before


















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