MUNIR AHMED Vs. HEMANT TOPKHANEWALE

JUDGEMENT

(1.) The petitioners have challenged the order dtd. 23/7/2022 passed by the IIIrd Civil Judge Class-I, Raipur (C.G.) in Civil Suit No. 142-A/2016, parties being Munir Ahmed & Another Vs. Hemant Topkhanewale, whereby the application moved by the respondent/defendant under Sec. 10 read with Sec. 151 of the Code of Civil Procedure, 1908 (for short as the 'CPC') has been allowed consequently, the proceedings of the Civil Suit No. 142- A/2016 have been stayed.

(2.) The facts of the present case are that earlier one Civil Suit No. 53A/2011 was filed by Hemant Topkhanewale for specific performance of contract and injunction against Anil Topkhanewale with regard to settlement No. 102, Survey No. 472, 494 and part of survey No. 495, total admeasuring 4830 sq. ft. situated at Village Khamarhdih, Patwari Circle No. 110, Revenue Circle Raipur, District Raipur. Defendant Anil Topkhanewale filed a written statement and after a full dressed trial, the IVh Additional District Judge, Raipur dismissed the suit filed by Hemant Topkhanewale vide judgment and decree on 20/6/2012. The plaintiff of that suit namely Hemant Topkhanewale preferred First Appeal No. 139/2012 against judgment and decree dtd. 20/6/2012 before this Court which is pending consideration.

(3.) On 22/6/2016, the petitioners filed Civil Suit No. 142A/2016 before the Court of XIIIth Civil Judge, Class-II, Raipur for eviction and vacant possession of the suit property bearing changed survey No. 3/472/11, 494/11, 495/11/5 admeasuring 4830 sq.ft. on the basis of a registered saledeed executed by Anil Topkhanewale in favour of the plaintiffs on 19/2/2016 situated at Village Khamhardih, Patwari Circle No. 110, Ward No. 29, Netaji Subhashchandra Bose Ward, Tehsil Raipur, District Raipur (C.G.).