3006wp3001.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR W.P.NO.3001 of 2011 Satyanarayan S.Sharma ..vs.. State of Mah. and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.P.A.Markandeywar, Adv. for the petitioner. CORAM : R.M.SAVANT, J. DATED : 30th June, 2011. 1. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 13/6/2011 passed by th Civil Judge (Sr.Dn.), Nagpur, by which order the application filed by the petitioner for stay of the proceedings in Special Civil Suit No.279 of 2001 came to be rejected. 2. The petitioner is the original plaintiff, who has filed Spl.Civil Suit No.279 of 2001 for declaration and injunction in respect of the agricultural land, which is the subject-mater of the said suit. In the said suit, the petitioner had filed an application for amendment of plaint which came to be rejected by the Trial Court by order dated 9/9/2008. Thereafter, the petitioner had approached this court by way of Writ Petition No.4561 of 2008, which petition came to be dismissed by this court. The petitioner has thereafter filed a 3006wp3001.11.odt 2 Special Leave Petition in Hon’ble Supreme Court of India being Spl.Leave Petition No.11581 of 2009 in which notice came to be issued on 14/5/2009 and according to the learned counsel for the petitioner the said Special Leave Petition is to come-up for admission on 5/9/2011. 3. In the said circumstances, since the issue as regards the amendment to the plaint which the petitioner/plaintiff seeks to carry out, is pending before the Supreme Court, the petitioner filed an application seeking adjournment of the said Special Civil Suit No.279 of 2001. The said application came to be rejected by the Trial Court by the impugned order dated 13/6/2011. The Trial Court has observed in the said order that inspite of the court waiting, the party has not been able to bring any stay order. The Trial Court has further observed that the old matters must be disposed of at the earliest and pendency of the old matters must be reduced. No exception can be taken to what the Trial Court has said about the disposal of the old matters, but at the same time one also cannot loose sight of the fact that an issue, which could have a material bearing on the suit, is pending before the higher court that too in the highest court of the land, in the said circumstances the least that was expected of the Trial Court was to stay the further proceedings till such time as the Supreme Court decides the issue as regards the amendment of the plaint which is sought by the plaintiff. 4. In that view of the matter, the impugned order dated 13/6/2011 is required to be set aside and is accordingly set aside. The hearing of the said Special Civil Suit No.279 of 2001 is stayed pending consideration of the Special Leave 3006wp3001.11.odt 3 Petition filed by the petitioner before the Supreme Court, with liberty to the parties to apply, when the Supreme Court decides the said Special Leave Petition. The petition is accordingly disposed of. JUDGE chute