MC 961/2009 BEFORE HON’BLE MR. JUSTICE HRISHIKESH ROY The W P (C) No.6160/06 has been filed seeking inquiry by the Central Bureau of I nvestigation (CBI) with regard to the drowning incident on 2.11.2006 when the pe titioners’ sons died by drowning in River Brahmaputra. The sons of the petitione rs were students of the respondent No.6, Arya Bhatta Junior Science College. The M C No.961/09 has been filed by the respondent No.6 seeking a direction that the Title Suit No.200 of 07 filed by the writ petitioners as plaintiffs claimin g damages against the respondent No.6 be stayed. The prayers made in the Title Suit No.200 of 07 may be extracted herein below: (i) Decree declaring that the sons of the plaintiffs drown in the River Brahmap utra on 02.11.2006 due to the negligence of the defendants i.e. officials of the present officials petitioners college, while they were in the custody of the de fendants causing damages to the plaintiffs and the defendants are jointly and se verally liable to be pay a sum of Rs.1,90,50,000/- (Rupees one crore ninety lakh s & fifty thousands) only to the Plaintiffs for the damages. (ii) Decree directing the defendants to jointly and severally pay a sum of Rs.1, 90,50,000/- (Rupees one crore ninety lakhs & fifty thousands) as compensation to the Plaintiffs for the damages. (iii) Decree directing the defendants to jointly and severally pay an interest @ 6% p.a. on Rs.1,90,50,000/- (Rupees one crore ninety lakhs & fifty thousands) on ly to the Plaintiffs from the date of filing the suit till the actual date of pa yment. (iv) Costs of the suit. (v) Any other relief(s) as to your Honour may deem fit and proper. It appears from the above that while the petitioners have approached the High Court seeking direction for inquiry into the drowning incident by the CBI, they have also approached the Civil Court claiming damages for alleged negligen ce of the defendants/ applicant college. It is seen that the plaintiffs seek a declaration in the suit that their sons dr owned on 2.11.2006 due to negligence of the defendant college and their function aries. In view of above claim made in the Title Suit No.200 of 07 where damage on the basis of negligence declaration is claimed from the defendants, I feel th at a decree, as prayed for cannot be given by the Civil Court without a finding that the defendants/applicants are responsible for the death of the wards of the petitioners. But the writ petition is filed for an enquiry into the death. In the above circumstances, I am of the considered opinion that it may n ot be justified to permit the petitioners to pursue their claim for damages in t he Title Suit No.200 of 07, while simultaneously pursuing the instant writ petit ion for an enquiry into the incident as issue in both proceedings in my vie are closely connected. Since to grant relief in the suit the negligence of the college authorit ies will have to be first established, for which the petitioners as plaintiffs s eek adjudication by Civil Court, they are not entitled in my view to simultaneou sly seek direction of the Writ Court for a CBI enquiry into the matter. Such par allel proceedings will cause injustice to the applicants in Misc. Case No.961/20 09. Accordingly, I consider it appropriate to stay further proceeding of Title Suit No.200 of 07. This Misc. Case stands allowed accordingly.