SH. BIJINDER SAXENA & ANR. vs SH. MOHINDER KUMAR SHARMA @ MOHINDER SHARMA

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 21th March, 2025 CM(M) 531/2025 & CM APPL. 16617-16618/2025 SH. BIJINDER SAXENA & ANR. .....Petitioner Through: Mr. B.S. Chauhan, Advocate. versus SH. MOHINDER KUMAR SHARMA @ MOHINDER SHARMA .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioners are defending a Commercial Suit and are aggrieved by the order dated 07.02.2025 whereby their application moved under Section 10 CPC has been dismissed. 2. According to defendants, the plaintiff has filed two different suits and the issue in the subsequent suit is also an issue in the first suit and, therefore, the proceeding of the subsequent suit i.e. Commercial Suit (C.S.(Comm.) No.959/2024) should be stayed. 3. This Court has seen the averments made and the reliefs sought in both such suits. 4. The plaintiff is seeking recovery of rent and damages against the same defendants in CS/SCJ/893/2022 and the relief claimed in such first suit is based on following assertions:- “10. That the defendants thus became liable to pay a total sum of Rs 3,20,000/- on account of the abovestated rent and damages for use and occupation as per follo