Document Fragment View

Matching Fragments

It is thus submitted that if the petitioner succeeds in the Partition Suit being Title Suit No.694 of 2020, in that event, landlord/plaintiff may not be evicted in connection with Title Suit No.392 of 2020. According to petitioner the court below has not gone into the point raised in the petition under Section 151 C.P.C., and has mechanically rejected the prayer under Section 151 C.P.C.

Per contra, Mr. Pinaki Dhole, learned advocate appearing for the opposite parties submits that the predecessor of the petitioner has already relinquished his right, title and interest in the subject property involved in the Partition Suit upon receiving some good sum, and as such, the petitioner has no tangible interest left in the suit property so as to establish his right of partition in respect of the suit property mentioned in the schedule to the plaint for partition. Upon adverting to paragraph-'3' of application for stay of petitioner, filed in the court below, learned advocate for the opposite parties submits that the referred petition is essentially a petition under Section 10 of C.P.C. irrespective of nomenclature of the petition captioned in the referred petition. Upon referring such facts, learned advocate for the opposite parties submits that instant petition is purely harassive and dilatory one, simply to frustrate the suit already instituted for recovery of khas possession and mesne profits instituted against the petitioner/defendant in Title Suit No.392 of 2020. In reply, learned advocate for the petitioner submits that nomenclature of the petitioner or misquoting of section would hardly matter, and proposes for decision of the petition in context with the averments contained in the petition for stay. Having considered the submission of both sides, it appears that a prayer for stay has been proposed by the petitioner, which has been rejected by the court below. According to the opposite parties, it is purely an application under Section 10 of the C.P.C. As per submission disclosed by the petitioner, there is a direct relevance of decision, to be reached in Title Suit No.694 of 2020, over the fate of Title Suit No.392 of 2020.