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Bombay High Court

JAYSHREE VIRBHADRA GABANEversusRACHAPPA SHANKAR GABANE AND ANOTHER

Disposal
DISPOSED OFF

Holding

The stay order under Section 10 CPC was improper and was quashed, and both suits were ordered to be tried simultaneously.

Summary

The respondents filed Civil Suit No.311/2019 seeking a declaration of ownership and perpetual injunction over a plot of land. The petitioner, before notices could be served, filed Civil Suit No.365/2019 seeking only a perpetual injunction over the same land. The trial court, invoking Section 10 of the Code of Civil Procedure, stayed the petitioner’s suit. The petitioner challenged this stay by filing a writ petition, and both parties agreed that the two suits should be tried together to avoid multiplicity of litigation. The High Court, after considering the submissions, quashed the stay order, allowed the writ petition, and directed the trial court to hear both suits simultaneously within twelve months, emphasizing that this would not prejudice either side and would promote a just and efficient resolution.

Issues considered

  • Whether the trial court was justified in staying the petitioner’s suit under Section 10 of the CPC.
  • Whether the two civil suits concerning the same property should be tried together to avoid multiplicity of litigation.

Legislation cited

Subjects

  • civil suit
  • stay order
  • Section 10 CPC
  • multiplicity of litigation
  • perpetive injunction
  • declaration of ownership
  • simultaneous trial
  • High Court writ petition

Judgment

2026:BHC-AUG:46428



                                                        1
                                                                       917 WP 3372 OF 2024

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                    917 WRIT PETITION NO. 3372 OF 2024

                                   JAYSHREE VIRBHADRA GABANE
                                                VERSUS
                            RACHAPPA SHANKAR GABANE AND ANOTHER
                                                   ...
                     Mr. Sushant Baburao Choudhari, Advocate for the Petitioner
                     Mr. S. N. Patne, Advocate for Respondent Nos.1 and 2
                                                   …

                                              CORAM : AJIT B. KADETHANKAR, J.
                                              DATED : 1st October 2026

                     P.C. :-

                     .         Considering the very short controversy, the writ petition

                     is being disposed of at the instance of the parties at the

                     admission stage, as also on a common proposal at the hands

                     of both the sides to the Court.

                     2.        Suffice to note, few facts could be seen as below :

                     a.        The respondents filed Regular Civil Suit No.311 of 2019

                     against the present petitioner and six more persons seeking

                     declaration of ownership and perpetual injunction in respect

                     of land admeasuring 1H 47 R in Gut No.305 situated at

                     Sawargaon Tal. Tuljapur, Dist. Dharashiv. The said suit came

                     to be filed on 13.08.2019 before the learned Trial Court.
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                                              917 WP 3372 OF 2024




b.    Before the notices in the said suit could be served on the

present petitioner, she instituted Regular Civil Suit No.365 of

2019 in the same Court in respect of the same suit property as

referred to above seeking a decree of perpetual injunction

against the present respondents.

c.    In the suit filed by the present petitioner i.e. Regular

Civil Suit No.365 of 2019, notices were served on the

defendants/present respondents who filed their written

statement. Issues came to be framed and the matter was

posted for evidence.

d.    At this juncture the original plaintiffs in Regular Civil

Suit No.311 of 2019 filed an application before the Trial Court

at Exhibit 31 taking recourse to Section 10 of the Code of Civil

Procedure.

e.    It was contended that Regular Civil Suit No.365 of 2019

was filed on 20.09.2019 i.e. about 37-38 days after filing of

Regular Civil Suit No.311 of 2019 demonstrating that the suit

property in both the suits is the same one. It was sought to

stay the proceedings in Regular Civil Suit No.365 of 2019.
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                                                 917 WP 3372 OF 2024

f.    After hearing both the parties, the learned Trial Court

was pleased to grant the said application by its order dated

08.12.2023. Thus, being aggrieved by the stay of the

proceedings in Regular Civil Suit No.311 of 2019, the

petitioner is before this Court.

3.    It is an apparent and undisputed fact that in both the

suits the parties are the same. In fact, in the former suit there

are some more parties. However, the suit property in both the

suits is one and the same. Pertinent to note, although both the

suits are being tried by the same Court while in the latter suit

the proceedings reached the stage of trial, notices in the

earlier suit came to be served only after the impugned order

was passed.

4.    Suffice to note, the relief claimed by the respondents in

their suit i.e. the earlier suit is for a decree of declaration as to

ownership and consequential relief of perpetual injunction.

Then on the other hand as recorded above, the relief sought in

the petitioner's suit i.e. the latter suit is only to the extent of a

decree for perpetual injunction.

5.    In the light of the controversy, both the learned

Advocates for the respective parties submit that considering
                               4
                                                917 WP 3372 OF 2024

that although the petitioner's suit is filed hardly a few days

after the suit of the respondents, still, considering that the

latter suit has reached the stage of trial, let both the suits be

tried together by the Trial Court. They pertinently submit that

since both the suits are pending before the same Court, it

would be in the interest of justice to avoid multiplicity of

litigation and contradictory pleadings and evidence, directions

be given to the Trial Court to hear both the suits

simultaneously.

6.    Giving a pragmatic thought to the request advanced by

both the sides I find that for the reasons recorded above, it

would be in the interest of justice if the impugned order is

quashed and set aside, and if the Trial Court is directed to

hear both the matters simultaneously, it would cause no

prejudice to the other side; instead, it would facilitate smooth

adjudication of the real controversy between the parties.

7.    In view of this, I pass the following order:

                           ORDER

      I.    The writ petition stands allowed.
      II.   The impugned order dated 08.12.2023
      passed by the learned Trial Court stands
      quashed and set aside.
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                                                     917 WP 3372 OF 2024

      III.    The learned Trial Court is requested to try
      both the suits i.e. Regular Civil Suit No.311 of
      2019 and Regular Civil Suit No.365 of 2019
      simultaneously.
      IV.     Both the learned Advocates for the
      respective parties submit that their clients shall
      cooperate and assist the Court in early disposal
      of     the   suits   without       seeking   unnecessary
      adjournments.
      V.      In view of the above, the learned Trial
      Court is requested to conclude the proceedings
      in both the suits within a period of twelve
      months from today.
      VI.     The writ petition stands disposed of.



                                         ( AJIT B. KADETHANKAR, J. )
PRW


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