High Court bench dismissed a writ petition challenging the rejection of a prayer for stay of appeal proceedings. The court held that Section 10 of the CPC does not authorize staying an appeal and found no grounds for interference.
Application for stay of appeal proceedings is rejected; writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp1119.13
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD
WRIT PETITION NO. 1119 OF 2013
Shri Narayan s/o Jijaba Mane ...Petitioner
VERSUS
Shri Machindra s/o Ganpat Salve ...Respondent
Shri Shaikh Mujtaba Gulam Mustafa, advocate for Petitioner Shri N.V.Gaware, advocate for Respondent-caveator.
CORAM : S.V.GANGAPURWALA, J.
DATED : 7th FEBRUARY, 2013.
PER COURT : -
1] The application filed by the petitioner for stay of the proceedings in appeal is rejected.
2
wp1119.13
2] Shri Mustafa, learned counsel submits that the decision
given by the appellate court would affect the proceedings in a suit
bearing R.C.S. No. 106 of 2010, as the said judgment would be delivered by a superior court. According to the learned counsel, the two rooms from the previous landlord were let out to the petitioner,
however, the landlord-the subsequent purchaser, with mala fide intention, has prepared the false story. If the appeal is decided and heard, then hardship and injustice would be caused to the present petitioner. Any order passed by the appellate court would affect the judicial mind of the lower court and it would entail in legal injury to the petitioner. This court has ample power to stay the proceedings in appeal.
3] The powers to stay a particular proceeding has to satisfy
the parameters of Section 10 of the Code of Civil Procedure. Earlier proceedings cannot be stayed. It is the subsequent proceedings which are to be stayed only if all the ingredients of Section 10 of the
3wp1119.13
Code of Civil Procedure are satisfied. In case the subject matter of
the previously instituted suit and the subsequently instituted suit is
the same, then the proceedings in the subsequent suit are to be stayed and if the subject matter of both the suits is not the same, then no question arises of applicability of Section 10 of the Code of
Civil Procedure.
4] In view of the above, the proceedings in appeal need not
be stayed.
5] In the light of the above, no case for interference is made
out. Writ Petition is dismissed. No costs.
(S.V.GANGAPURWALA, J.)
dbm/wp1119.13
3 issues framed by the court
Whether the proceedings in the appeal should be stayed to prevent hardship and injustice to the petitioner referencing Section 10 of the Code of Civil Procedure.
Whether the city civil judge or appellate court has power to stay a particular proceeding under Section 10 of the Code of Civil Procedure.
Whether there is a case for interference in the writ petition seeking stay of appeal proceedings.
1 provisions across 1 enactments
Shri Narayan s/o Jijaba Mane
Shri Machindra s/o Ganpat Salve
S.V.Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court