[2025:RJ-JP:10865] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6094/2015 1. Raj Kumar Jain son of late Shri Bhagwat Swaroop Jain Resident Of Diwanji Ki Lal Haveli, Near Munshi Bagh Ka Kua, Beech Ka Mohalla, Alwar City, Tehsil And District Alwar. 2. Samrat Jain Son Of Late Shri Bhagwat Swaroop Jain, Resident Of Diwanji Ki Lal Haveli, Near Munshi Bagh Ka Kua, Beech Ka Mohalla, Alwar City, Tehsil And District Alwar. 3. Kuldeep Jain Son Of Late Shri Bhagwat Swaroop Jain Resident Of Diwanji Ki Lal Haveli, Near Munshi Bagh Ka Kua, Beech Ka Mohalla, Alwar City, Tehsil And District Alwar. 4. 5. Sanjay Jain Son Of Late Shri Bhagwat Swaroop Jain, (Deleted As Died On 26.10.2019) Resident Of Diwanji Ki Lal Haveli, Near Munshi Bagh Ka Kua, Beech Ka Mohalla, Alwar City, Tehsil And District Alwar. Smt. Shanti Jain Wife Of Late Shri Bhagwat Swaroop Jain, Resident Of Diwanji Ki Lal Haveli, Near Munshi Bagh Ka Kua, Beech Ka Mohalla, Alwar City, Tehsil And District Alwar. ----Petitioners Versus Pramod Kumar Jain son of Shri Suresh Chand Jain, resident of Beech Ka Mohalla, Alwar City, Tehsil and District Alwar. ----Respondents For Petitioner(s) : Mr. Gaurav Jain, Adv. For Respondent(s) : Mr. Gajender Singh Rathore, Adv. [2025:RJ-JP:10865] (2 of 3) [CW-6094/2015] HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 10/03/2025 This Civil Writ Petition has been filed by the defendants- petitioners (for short ‘the defendants’) against the order dated 11.03.2015 passed by Civil Judge (Jr. Div.) and Judicial Magistrate No. 1, Alwar (for short ‘the trial Court’) in civil suit No. 34/537/2011, whereby the trial Court dismissed the application filed by the defendants under Section 10 CPC. Learned counsel for the defendants submits that respondent- plaintiff (for short ‘the plaintiff’) filed a civil suit against the defendants for mandatory and permanent injunction. Prior to this suit, a suit No. 363/2011 titled as “Shanti Devi vs. Pramod” was also instituted in which similar relief was sought. Therefore, the defendants filed an application under Section 10 CPC before the trial Court for staying the proceedings in the present suit till the decision of the previous suit No. 363/2011 but the trial Court vide order dated 11.03.2015 dismissed the application filed by the defendants. So, the petition filed by the defendants be allowed and the proceedings in the present suit filed by the plaintiffs be stayed. Learned counsel for the plaintiff has opposed the arguments advanced by the learned counsel for the defendants and submits that relief sought for in the previous suit was not similar. So, the trial Court rightly dismissed the application filed by the defendants. Therefore, the present petition filed by the defendants being devoid of merit, is liable to be dismissed. [2025:RJ-JP:10865] (3 of 3) [CW-6094/2015] I have considered the arguments advanced by the learned counsel for the defendants as well as learned counsel for the plaintiff. It is an admitted position that the relief sought in both the suits was different. So, in my considered opinion, trial Court had not committed any error in dismissing the application filed by the defendants under Section 10 CPC. However, the petition filed by the defendant is disposed of with direction to the trial Court to decide the suits simultaneously without clubbing them, if both the suits are pending before the trial Court. Pending application(s), if any, stand(s) dismissed accordingly. (NARENDRA SINGH DHADDHA),J Tahir/113