C.R. No. 1086 of 2010 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH C.R. No. 1086 of 2010 (O&M) Date of Decision : 19.2.2010 Mohan Singh .......... Petitioner Versus Kehar Singh & others ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Chander Shekhar, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India to challenge the order dated 20.1.2010, passed by the learned Addl. Civil Judge (Sr. Divn.), Ambala, vide which application moved by the petitioners under Section 10 of the Code of Civil Procedure has been dismissed. In a suit for damages filed by the plaintiff / respondents, the petitioners moved an application under Section 10 of the Code of Civil Procedure for stay of the proceedings, on the plea, that the appeal against their conviction was pending before the Hon'ble High Court. The learned trial Court dismissed the application by recording, that the decision of the Criminal Court is not binding on the Civil Court, therefore, mere pendency of appeal on the Criminal side cannot be a ground to stay civil suit for damages filed by the plaintiff / respondents. C.R. No. 1086 of 2010 2 The learned counsel for the petitioners challenged the impugned order on the plea, that decision in appeal would have an effect on the decision of the Civil Suit, therefore, the proceedings should be stayed. There is no merit in this contention of the learned counsel for the petitioner, as the learned trial Court rightly held that the Civil proceedings has to be decided independently of the findings of the Criminal Court. No ground, therefore, is made out to interfere with the order passed by the learned trial Court, which is in consonance with the settled law. No merit. Dismissed. 19.2.2010 ( VINOD K. SHARMA ) 'sp' JUDGE