Search Results for "Stay of Suit"

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Search Results for "Stay of Suit"

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High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Application to Stay Suit Under Section 10 CPC. Court Held That Section 10 CPC Does Not Apply When Parties Are Not Same in Both Suits and Subject Matter Is Not Directly and Substantially in Issue.

1 Dec 2011

The petitioner, original plaintiff, filed Regular Civil Suit No.19 of 2009 seeking a declaration that a sale deed dated 31/10/2008 was obtained by fra...

High Court

Bombay High Court Allows Stay of Subsequent Suit Under Section 10 CPC in Partition Dispute — Overlapping Issues Between Two Civil Suits Justify Stay. The Court held that when parties and property are common and issues overlap, the subsequent suit must be stayed under Section 10 CPC to avoid multiplicity of proceedings.

22 Jun 2011

The petitioner, Lucky s/o Hastimal Chandak, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated ...

High Court

Gujarat High Court Directs Expeditious Disposal of Interim Injunction Application in Trademark Suit - Petitioner Sought Mandamus for Timely Adjudication of Exhibit-5 Application in TM Suit No. 2 of 2024

30 Mar 2026

The petitioner, Rupalben Mayurbhai Patel, filed a Special Civil Application under Articles 226 and 227 of the Constitution of India before the Gujarat...

High Court

Bombay High Court Dismisses Petition Challenging Refusal to Stay Civil Suit on Tenancy Grounds. The court held that the issue of tenancy must be determined by the civil court as a preliminary issue under Section 9A CPC, not by tenancy authorities, as the tenancy claim was not bona fide.

4 May 2018

The petitioners, legal representatives of the deceased original defendant, challenged an order dated 5/10/2017 passed by the Civil Judge Junior Divisi...

High Court

Bombay High Court Allows Eviction Suit to Proceed Despite Pending Labour Complaint Under Maharashtra Rent Control Act. Eviction on Ground of Bona Fide Need Under Section 16(1)(g) of Maharashtra Rent Control Act, 1999 is Independent of Service Termination and Not Subject to Stay.

11 Sep 2018

The applicant, Shradhanand Anathalaya, a public trust, filed a civil suit for eviction of the non-applicant, Kusum Chauhan, from a servant quarter und...

High Court

Madras High Court Allows Civil Revision Petition in Suit Stay Case Under Section 10 CPC — Concurrent Suits Not Barred When Reliefs Are Different. The court held that for a stay under Section 10 CPC, the matter in issue must be directly and substantially the same; different reliefs and causes of action preclude the application of the provision.

6 Jan 2026

The case involves a Civil Revision Petition filed by the plaintiff, G.S. Gunasekar, against an order of the District Munsif Court, Udumalpet, which st...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Stay Application Under Section 10 CPC in Land Dispute. Trial Court's Finding That Parties and Property in Two Suits Are Different Precludes Application of Section 10 CPC.

13 Jan 2010

The petitioner, Vishvambhar Bhau More, filed a suit (RCS No.346/2002) for declaration of ownership and perpetual injunction regarding land S.No.80/1 a...

High Court

Bombay High Court Allows Writ Petition Challenging Stay of Eviction Suit Under Section 10 CPC — Jurisdictional Difference Between Small Causes Court and Civil Court Precludes Stay. The Court held that a suit for eviction under the Provincial Small Cause Courts Act, 1887 and Maharashtra Rent Control Act cannot be stayed under Section 10 CPC pending a prior declaratory suit before a Civil Court under Section 9 CPC, as the matters in issue are not directly and substantially the same.

5 Aug 2020

The petitioner, Rahul Subhash Bothra, filed Regular Civil Suit No. 41 of 2015 before the Civil Judge Junior Division, Ghodnadi, Shirur, Pune, seeking ...

High Court

High Court of Karnataka Dismisses Petition Seeking Stay of Divorce Proceedings Pending Nullity Petition Under Section 10 CPC. Nullity and Divorce Petitions Under Hindu Marriage Act, 1955 Involve Distinct Matters in Issue, Hence Section 10 CPC Stay Not Applicable.

20 Aug 2014

The petitioner husband and respondent wife were married on 17 June 2010. The petitioner filed M.C. No. 43/2013 under Section 12 of the Hindu Marriage ...

High Court

Madras High Court Upholds Single Judge's Rejection of Stay Applications in Civil Suits, Holding Section 151 CPC Cannot Override Specific Provisions. Stay of 2013 and 2016 Specific Performance Suits Was Denied as Section 10 CPC Requires Prior Suit and to Prevent Abuse of Process.

24 Mar 2025

The appeals arose from the rejection of applications filed under Section 151 of the Code of Civil Procedure, 1908, seeking stay of two civil suits (C....

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