Nishid Kumar Bardiya vs Vinod Gurjar

Alok Awasthi, J

This petition under Article 227 of the Constitution of India has been preferred by the petitioner/defendant being aggrieved by the order dated 2.12.2025 passed by the 1st Civil Judge, Junior Division, Sitamau, Distt. Mandsaur in RCSA-186/2025, whereby the application filed by the petitioner under Section 10 read with section 151 of the CPC seeking a stay of the suit in Suit No.186/2025 filed by the plaintiff for permanent injunction has been rejected.

Facts of the case are that, land Survey No.419 area 0.6106 hectare situated at Haandi was originally purchased by one Bhagwan Das from Sushila Devi vide sale deed dated 05/01/2022. Thereafter, a portion of the said land, bearing Survey No. 419/1 admeasuring area 0.139 hectares, was sold to Yashpal Singh on 18/04/2024. Subsequently, Yashpal Singh transferred the same land in favor of Vinod Gurjar on 06/12/2024, who is the respondent in the present petition. The land situated at Survey No. 361/3 area 1.012 Hecate village Sitamau was originally purchased by present Petitioner from one Bherulal S/o Nathu ji vide registered sale deed dated 14/02/2007 and after purchase, the mutation of his name in the revenue records was done.

It is submitted by the learned counsel for the petitioner that previously also one suit bearing RCSA No. 169 of 2022 was instituted by present petitioner against Bhagwan Das and others, where the same subject land area (which is survey no 419, 418, and 361/3) is under disputed and the same is pending before the Learned Civil Judge, in which the learned Trial Court has allowed the application for temporary Injunction in favor of the present petitioner.

He submits that the respondent/plaintiff has filed another Civil Suit bearing RCSA 186/2025 before the learned Court of Civil Judge (Junior Division) Sitamau Distt. Mandsaur against the present petitioner/defendant on 21/07/2025 for permanent injunction in respect of property situated at survey No. 419/1 total area 0.139 Hectare situated at village Haandi Tehsil Sitamau Dist. Mandsaur (M.P). The subject matter of the land/disputed land is same and therefore, the present petitioner/defendant filed an application under Section 10 read with section 151 of Code of Civil Procedure for stay of proceedings of subsequent suit ic. RCSA 186/2025. It is also submitted that the learned trial Court vide impugned order dated 2.12.2025 dismissed the application filed by the present petitioner for stay of the proceedings of subsequent suit.

Heard the learned counsel for the petitioner.

On perusal of the petition as well as the impugned order, it has come to the notice, that the learned trial Court has not considered the fact that the subject matter in issue in civil suit bearing no. RCSA 169/2022 before learned Civil Judge Senior Division, Sitamau is directly and substantially in issue in RCA No.186/2025. In absence of a stay on the subsequent suit, the simultaneous continuation of both suits is likely to result in contradictory findings, which would defeat the ends of justice. The learned Trial Court has grossly erred in not considering the fact that Learned Civil Judge Senior Division has already granted an order of temporary Injunction in favor of the present petitioner in RCSA 169/2022 vide order dated 18/03/2025 for the same subject of the land. The respondent Vinod Gurjar is now attempting to raise construction on the disputed land and is trying to dispossess the present petitioner, which is likely to cause irreparable loss and injury to the petitioner as well as shall create multiplicity in the suit. The Plaintiff (respondent herein) is the transferee from the person who is the defendant in the First Suit, the Plaintiff (respondent herein) is litigating under the same title, therefore the subsequent suit cannot be proceeded simultaneously with the first suit proceeding with the later suit risks contradictory decree.

There has been subsequent proceedings for demarcation of the boundaries in the revenue Courts. The dispute of both the parties are lying in different villages and their suits are pending before the Civil Judge Senior Division Sitamau District Mandsaur and the learned Civil Judge Junior Division, Sitamau Distt. Mandsaur. It is directed that the civil suit no.186/2025 pending before the Civil Judge, Junior Division, Sitamau, District Mandsaur be transferred and consolidated with civil suit bearing RCSA No.169/2022 pending before the learned Civil Judge Senior Division Sitamau, District Mandsaur, who shall proceed further in the trial and shall decide both the pending suits together by a common judgment and decree so that the conclusion in both the suits be not contradictory. It is made clear that this Court has not expressed any opinion on merits of the case and this order shall not come in the way of trial.

With the aforesaid, the petition stands disposed off.