1988 Supreme(MP) 628

IN THE HIGH COURT OF MADHYA PRADESH
V.D. GYANI, J.
Indumati (Smt.) – Appellant
Vs.
R.P.F. Akolekar Brothers Suchitra Talkies – Respondent
C.R. No. 135 of 1986 (I)
Decided on : 15-02-1988

Headnote:(1) Accommodation Control Act, 1961 (M.P.) – S.12 – ejectment suit – cannot be stayed because of pendency of probate proceedings in same Court.

       (2) Civil Procedure Code, 1908 – S.10 – ejectment suit – cannot be stayed because of pendency of probate proceedings in same Court.

        Short Note

       1. This revision petition arises out of an order dated 18 – 3 – 86 passed by the 1st Addl. Judge to the Court of the District Judge, Mandsaur, in Civil suit 29 – A of 1985, thereby staying the suit pending disposal of a probate petition registered as M.J.C. No. 6/85 pending before the same Court.

       2. Held: It needs to be noted that the scope of and purpose of both these proceedings is distinct and different. The result of M.J.C. No. 6/85 will have no effect so far as the ejectment suit is concerned. In such circumstances, to stay the ejectment suit was quite uncalled for. As it is the parties who seek eviction have their own anxiety in expediting the suit. which ought not to be thwarted by such stay orders in view of some pending proceedings having no direct bearing on the ejectment suit itself.

       Revision allowed.