Suresh S/O Hiraman Gaikwad v. Angesh S/O Prabhunath Raut and Others
Case brief
What is this about?
Section 10 CPC stay application; stay of rent-recovery suit R.C.S. No.345/2017; parallel declaration-of-ownership suit R.C.S. No.1145/2013; same property but differing relief and parties contention; Small Causes Court Nagpur order; perversity standard in writ jurisdiction; writ petition dismissed, no order as to costs; Bombay High Court, Nagpur Bench, single judge (Thombre, J.), 09-10-2025.
What did the court decide?
Having gone through the pleadings of the parties, the provisions of Section 10 of CPC and the arguments advanced, the Court found that the Learned Judge, Small Causes Court, Nagpur had rightly considered the matter and that there was no perversity in the order passed by the Trial Court; accordingly the writ petition was dismissed with no order as to costs. ¶13