KANHAIYYA LAL Vs. LAJWANTI DEVI AND OTHERS

JUDGEMENT

(1.) By this petition, the petitioner has challenged the legality and propriety of the order dated 17.12.2009 (Annexure P/1) passed by the 3rd Civil Judge Class-II, Raigarh, in Civil Suit No. 32-A/09, whereby learned 3rd Civil Judge Class-II, Raigarh has dismissed the application filed by the petitioner under Section 10 of the Code of Civil Procedure, 1908 (for short 'CPC') on the ground that the both the suits were not pending and the parties are not same.

(2.) The order is impugned on the ground that earlier one civil suit bearing Civil Suit No.23 A/93 relating to khasra No.251/1 area 2.53 acres was filed by Amardas Udasi and 12 others against the State and Smt. Champabai for declaration of title in which specific issue relating to status of the land, whether the same was nazul land or was owned by Chammpabai was framed and suit was finally decided. Judgment and decree was challenged before the 4th Additional District Judge (F.T.C.), Raigarh in Civil Appeal No.24A/2004 and the same was dismissed. Presently judgment and decree is under challenge before this Court in Second Appeal No.34/2006.

(3.) I have heard learned counsel for the parties, perused the order impugned and other documents filed on behalf of the petitioner.