K. LAKSHMAN
M. Raghavender Reddy – Appellant
Versus
B. Haritha – Respondent
ORDER :
Heard Mr. N. Bhujanga Rao, learned counsel for the petitioner and Mr. N. Praveen Reddy, learned counsel for the respondents.
2. Challenging the order dated 15.03.2022 in I.A. No.368 of 2021 in I.A. No.283 of 2021 in O.S. No.144 of 2021 passed by the learned Principal Junior Civil Judge, Mahabubnagar, the present Civil Revision Case is filed.
3. FACTS OF THE CASE:
i) Respondent No.1 herein had filed a suit vide O.S. No.130 of 2021 against the petitioner herein and 2 others i.e., Mr. K. Rajeshwar Reddy and Mr. A. Devender Reddy, seeking the following relief:
2. Issue of permanent injunction restraining the defendants from claiming any right over the suit schedule land.
3. Costs of the suit be awarded.”
ii) The petitioner herein had filed a suit vide O.S. No.144 of 2021 against the respondents herein fo
K. Venkata Swamy v. Smt. Saikna Bee
Mental Health and Neuro Sciences v. C. Prameshwara
Aspi Jal v. Khushroo Rustom Dadyburjor
Gupte Cardiac Care Center and Hospital v. Olympic Pharma Care (P) Ltd.
Point of law: If matter in later suit is found to be “directly and substantially in issue” in previously instituted suit, later suit is liable to be stayed under Section - 10 of C.P.C.
Section 10 of the CPC requires complete identity of subject matter for staying proceedings in concurrent suits; conflicting properties undermine the applicability of this provision.
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....
Section 10 CPC mandates stay of subsequent suit if issues directly/substantially same as prior pending suit between same parties on common property/cause challenging prior decree, preventing parallel....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.