1 S.B. CIVIL WRIT PETITION NO.7473/2007. M/s Sanwalia Marbles Vs. M/s Rotomax Tools (India) Pvt. Ltd. & Anr. Date of Order :: 21st May 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. R.S.Mankad, for the petitioner. Dr. Sachin Acharya, for the respondent No.1. .... BY THE COURT: Having heard learned counsel for the parties and having perused the material placed on record, this Court is satisfied that the learned Additional District Judge (Fast Track) No.2, Udaipur has rightly found that the trial of Civil Suit (C.O. No. 66/2007) as filed by the petitioner for money recovery against the defendant-respondent No.1 cannot be proceeded for the matter in issue in this suit is directly and substantially in issue in the previously instituted suit as filed by the respondent No.1 at Kishangarh; and the order staying further proceedings in the civil suit filed by the plaintiff-petitioner cannot be said to be suffering from any jurisdictional error so as to call for interference in writ jurisdiction. It has, however, been urged that the plaintiff-petitioner would seek consolidation of the two suits, if at all the suit as filed at Kishangarh by the respondent No.1 could be proceeded with but at present an application moved by the 2 petitioner in the said suit at Kishangarh raising the question of jurisdiction remains pending consideration; and it has been prayed that the petitioner may be given liberty to make appropriate prayer at appropriate stage. It goes without saying that the impugned order staying further proceedings in the suit under Section 10 CPC shall not be of impediment for the petitioner to take resort to appropriate remedies in accordance with law. Subject to the observations aforesaid, the writ petition is dismissed. No costs. (DINESH MAHESHWARI), J. s.soni