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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of Decision: 22.12.2025

+ CM(M) 2475/2025

JANAK TARA through LRs .....Petitioners

Through: Mr. Sajjan K. Singh and Mr. Jaypreet

Singh, Advocates

versus

KAUSHILYA DEVI & ORS. .....Respondents

Through: None

CORAM: JUSTICE GIRISH KATHPALIA

O R D E R (ORAL)

1. Petitioners/plaintiffs have assailed order dated 20.01.2025 of the

learned trial court, whereby the suit filed by them was stayed under Section

10 CPC on the basis of an earlier suit that was filed and is continuing in

Gonda, U.P. Having heard learned counsel for petitioners/plaintiffs, I find it

not a fit case to even issue notice.

2. Broadly speaking, the now deceased predecessor of the present

petitioners filed the subject suit, seeking recovery of possession of the

immovable property and cancellation of sale deed or any other document

executed in the name of the present respondents, as well as for occupation

charges and injunction. In the subject suit, the defence of the present

CM(M) 2475/2025 Page 1 of 4 pages

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By:NEETU N NAIR

Signing Date:22.12.2025

16:56:54

respondents was struck off, as submitted by learned counsel for

petitioners/plaintiffs (though not mentioned in the impugned order). The

present respondents filed an application seeking stay of trial of the subject

suit on the ground that the present respondent no. 1 had already filed a suit

for cancellation of Will dated 16.05.2008 of Smt. Shanti Devi, which suit is

pending in the court of Civil Judge, Senior Division, Gonda, U.P. and it is

the said Will dated 16.05.2008, on the basis whereof the predecessor of the

present petitioners claimed her right in the subject property. The present

petitioners contend that the subject property devolved upon Smt. Shanti

Devi, after her husband Shri Ram Milan passed away on 11.05.2004 and

Smt. Shanti Devi bequeathed the subject property by way of Will dated

16.05.2008 in favour of the now deceased predecessor of the

petitioners/plaintiffs. It is under these circumstances that the learned trial

court stayed the subject suit in terms with Section 10 CPC.

3. The only argument advanced on behalf of petitioners/plaintiffs in

order to assail the impugned order is that in the subject suit, defence of the

present respondents stands struck off, therefore, the present respondents are

barred from filing any application under Section 10 CPC.

3.1 At this stage in the course of dictation, learned counsel for

petitioners/plaintiffs also submits that since the applicant of the application

under Section 10 CPC is not a party to the suit pending in Gonda, U.P., the

application is not maintainable and that the application was filed after almost

four years of institution of the subject suit.

CM(M) 2475/2025 Page 2 of 4 pages

Signature Not Verified

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By:NEETU N NAIR

Signing Date:22.12.2025

16:56:54

4. For convenience, the provision under Section 10 CPC is extracted

below:

“10. Stay of suit –

No Court shall proceed with the trial of any suit in which

the matter in issue is also directly and substantially in issue

in a previousl