favour of Defendant nos.2 and 3 and Fatima Abdulla Kazi, since deceased about allotment of plots is illegal and not binding on him; for declaration that defendant no.1 is eligible for allotment of plot in lieu of acquired land as per the gift deed executed by Begumsaheb Alisaheb Kazi, among other reliefs. On 24th April 2015 the suit was compromised as per the consent terms and was disposed of accordingly. Plaintiff thereafter filed Special Civil Suit No.71 of 2016 in the Court of Civil Judge Senior Division, Panvel for setting aside the consent decree dated 24th April 2015 passed in Special Civil Suit No.463 of 2012 and for perpetual injunction. Pending these two suits, defendant nos.1 to 4, 7 and 10 took out applications at Exh.43,44 and 46 respectively under section 10 for staying proceedings of Special Civil Suit No.71 of 2016 pending on the file of Civil Judge Senior Division, Panvel. By the impugned judgment, the learned Trial Judge has allowed the application and stayed proceedings of Special Civil Suit No.71 of 2016 pending final hearing and disposal of Regular Civil Suit No.169 of 2010. It is against this order, plaintiff has instituted the present writ petition.
