ORAL ORDER

The petitioner is the defendant in O.S.No.46 of 2022, is at the doors of this Court calling in question an order of the concerned Court which rejects an application filed by the petitioner in I.A.No.2 seeking arrest of suit in O.S.No.46 of 2022.

2. Heard Sri Rajashekar S, learned counsel appearing for petitioner and Sri Sachin B S, learned counsel appearing for respondent.

3. Facts in brief germane, are as follows:

The petitioner institutes a suit in O.S.No.217 of 2021 seeking partition and separate possession. The said suit was listed before the concerned Court for filing of written statement. At that point in time, another suit in O.S.No.46 of 2022, the subject suit, comes to be filed. The defendant files written statement and the suit progressed. During the progression of the suit, the petitioner files an application seeking staying of the subject suit invoking Section 10 of the CPC. The application comes to be rejected on 03-01-2024, the rejection of which has driven the petitioner/defendant before this Court in the subject petition.

4. The learned counsel Sri Rajashekar S, appearing for the petitioner would contend that the first suit instituted was for partition and sep