HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:3409 OF 2010 Dated: 13.8.2010 Between: 1. M/s. Image Developers Pvt. Limited and others ..Petitioners And 1. N. Subash and others. .. Respondents. This Court made the following HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:3409 OF 2010 ORDER: Aggrieved by order dated 5.07.2010 in I.A.No.128 of 2010 in O.S.No.115 of 2006 passed by the learned XIII Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, the present civil revision petition has been preferred. The petitioners herein are the defendants and the respondents are the plaintiffs before the Court below. The petitioners-defendants filed the above I.A. under Section 10 of CPC on the ground that the respondents-plaintiffs 1 to 4 unilaterally cancelled the GPA executed in favour of the 1st petitioner and challenging the same, he filed four suits on the file of the I Senior Civil Judge, City Civil Court, Hyderabad and those suits were dismissed and the matters were carried in appeal and the appeals are pending before this Court and that the schedule property in the present suit is substantially one and the same and the parties are one and the same. The Court below having observed that the petitioners failed to prove that the subject matter in the suit is one and the same, dismissed the above I.A. Aggrieved by the same, the present civil revision petition has been filed. Heard the learned Counsel and perused the material available on record. The material on record goes to show that the present suit is filed for partition of plaint A and B schedule properties, for ascertaining mesne profits and declaration that the deed of hypothecation dated 23.5.1998 executed by the 1st defendant in favour of 6th defendant in respect of B schedule property is null and avoid and also for mandatory injunctions directing defendants 1,2 and 8 to return six original sale deeds in respect of plaint B schedule properties. It is not disputed that the subject matter of appeals said to have been pending before this Court is only with regard to the cancellation of GPA. Originally, in the present suit, 26 issues have been framed. Out of them, the petitioners were relying upon two issues framed with regard to the cancellation of GPA. On that ground alone, the petitioners filed the above I.A. The material on record clearly goes to show that the subject matter of the present suit is different. The order impugned clearly goes that the issues, which are in question, are not at all relevant for adjudication of the present suit. Further, merely on the ground that one or two issues, which are not at all relevant for adjudication of the present suit, are similar, the suit cannot be stayed. In this background of the matter, I feel that the order of the Court below does not suffer from any illegality or irregularity warranting interference by this Court and hence, the civil revision petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. However, in view of the facts and circumstances of the case, the Court below is directed to dispose of the suit within a period of six months from the date of receipt of a copy of this order, without being influenced by any of the observations made herein and in the above I.A. ________________________ Justice T. Meena Kumari Date: 13th August, 2010 Nn. HONOURABLE SMT. JUSTICE T.MEENAKUMARI CIVIL REVISION PETITION No:3409 OF 2010 13.08.2010