PRAMOD KUMAR Vs. DEVDUTT MISHRA

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record on board.

(2.) Perusal of record reveals that the plaintiff-appellants has filed suit, being O.S. No. 1218 of 2012, for declaration and permanent injunction with respect to the property in question i.e. Second Floor in House No. 104-A/345 situated in the area Ram Bagh, Kanpur Nagar, as demonstrated in Schedule-"B" at the foot of the plaint. In the suit, defendant-respondent has filed written statement denying the plaint allegation and also filed counter claim with the relief to dispossess the plaintiff from the property in question. The trial court, vide judgment dtd. 2/4/2018, has dismissed the suit of the plaintiff as well as dismissed the counter claim filed on behalf of the defendant. Having been aggrieved against the judgment passed by the trial court, two separate appeals were filed. The defendant-respondent has filed appeal assailing the order of the trial court, by which his counter claim was rejected, being Civil Appeal No. 47 of 2018; Devdutt Mishra vs. Shiv Kishor Mishra (substituted by his heirs). On the other hand Appeal No. 64 of 2018 was preferred on behalf of the plaintiff-appellant assailing rejection of the suit. Both the appeals were decided by a common judgment dtd. 7/2/2020 passed by the Additional District Judge, Court No. 1, Kanpur Nagar dismissing the appeal filed on behalf of the plaintiff-appellant, however, allowing the appeal filed on behalf of the defendant-respondent and issued a direction for dispossession of the plaintiff from the property in question within a period of two months from the date of judgment. In this backdrop of the case, two second appeals were preferred by the plaintiff-appellant. Second Appeal No. 185 of 2021 has been filed assailing the judgment of the first appellate court passed in Civil Appeal No. 47 of 2018 (Devdutt Mishra vs. Kamla Devi and others) and Second Appeal No. 61 of 2022 has been preferred assailing the judgment passed in Civil Appeal No. 64 of 2018 (Shiv Kishor Mishra vs. Devdutt Mishra).

(3.) To avoid repetition of fact and for convenience, both second appeals i.e. Second Appeal No. 185 of 2021 and Second Appeal No. 61 of 2022 are being decided simultaneously by common judgment and the Second Appeal No. 185 of 2021 will be the leading file.