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5. Heard the counsel on record. Perused the impugned order, pleadings of the parties in O.P.No. 21 of 2003 on the file of the Senior Civil Judge, Proddatur and also the pleadings of the respective parties in the pending suits i.e., O.S.Nos. 189 and 190 of 2002 on the file of the Junior Civil Judge, Kamalapuram.

6. The facts, in brief, are as hereunder.-

One Soma Saraswathi, the respondent in this Civil Revision Petition filed O.P.No. 21 of 2003 on the file of the Senior Civil Judge, Proddaturas against one Soma Ramamohan Reddy, the revision petitioner herein under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act' for the purpose of convenience) praying for restitution of conjugal rights. The stand taken by Soma Saraswathi is that she is the legally wedded wife of said Soma Ramamohan Reddy, the marriage having been celebrated on 11-10-2000 in Balaji Temple of Himayathnagar at Hyderabad and subsequent thereto he had left to London on 22-10-2000 for higher studies and after returning back to India, it came to light that he married again, and some other factual details also had been narrated, which may not be necessary for the purpose of disposal of the present Civil Revision Petition. Be that as it may, the said Soma Ramamohan Reddy filed O.S.No. 189 of 2002 on the file of the Junior Civil Judge, Kamalapuram praying for a negative declaration that the said Soma Saraswathi is not his wife and for consequential reliefs, and likewise the said Soma Saraswathi filed O.S.No. 190 of 2002 on the file of the Junior Civil Judge, Kamalapuram, praying for a positive declaration that she is the legally wedded wife of the said Soma Ramamohan Reddy and for other consequential reliefs. The said suits are pending disposal. It is not in controversy that these suits were instituted even prior to the filing of the present O.P. by the alleged wife. As already referred to supra the common question involved in all these proceedings, the two suits pending on the file of the Junior Civil Judge, Kamalapuram and the present O.P.No. 21 of 2003 on the file of the Senior Civil Judge, Proddatur, is whether Soma Saraswathi is the legally wedded wife of the said Soma Ramamohan Reddy. As can be seen from the impugned order, the evidence of P.Ws.1 to 3, R.Ws.1 to 3 had been recorded, Exs.A-1 to A-5 and B-1 to B-3 had been marked. Several factual findings, inclusive of certain positive findings had been recorded by the learned Judge. Be that as it may, the learned Judge without an application by either of the parties, in the light of the view expressed by this Court in K.V. Uma Maheswararao v. Gandam Sujatha wherein the learned Judge of this Court placed reliance on a decision of the Apex Court in P.V. Shetty v. B.S. Giridhar ultimately applied Section 10 of the Code and stayed the proceedings. Aggrieved by the same the husband, Soma Ramamohan Reddy, preferred this Civil Revision Petition under Article 227 of the Constitution of India.