VISHWANATH Vs. SAMPAT

JUDGEMENT

(1.) This writ petition has been filed for quashing of the suit proceedings in Suit No. 1951 of 2002, Sampat and Ors. v. Vishwanath and Ors., pending before the learned Civil Judge, Junior Division Haveli, Azamgarh.

(2.) The facts and circumstances giving rise to this case as alleged in this petition are that between the parties there had been a dispute in respect of the suit premises in the consolidation proceedings wherein the rights of the parties stood settled by the consolidation authorities. Being aggrieved, contesting respondents filed Writ Petition No. 29401/1999, Sampat and Ors. v. Deputy Director of Consolidation and Ors., which was dismissed by this Court vide judgment and order dated 30.7.2002. Respondents approached the Hon'ble Supreme Court by filing Special Leave to Appeal (Civil) No. 17902 of 2002, against the said judgment and order of this Court, which was also dismissed vide order dated 20.9.2004. The said respondents, who had been petitioners before this Court as well as before the Hon'ble Supreme Court, have filed Suit No. 1951 of 2002 before the aforesaid civil court raising the same controversy. The present petitioner-defendant has filed the written statement also taking the plea that the matter had already been settled by judicial pronouncements and, therefore, the suit was barred in view of the provisions of Sections 9 and 11 of the Code of Civil Procedure (hereinafter called C.P.C.). This petition is being filed for quashing the suit proceedings.

(3.) Mr. Ram Niwas Singh, learned counsel for the petitioner has submitted that filing the suit in respect of the same subject-matter which had been adjudicated upon between the same parties is not permissible and barred by the provisions of Sections 9 and 11 of the C.P.C. therefore, the suit proceedings are liable to be quashed. Institution of the suit itself is an abuse of the process of the Court being against the public policy which requires finalisation of adjudication of a subject-matter between the same parties, therefore, the suit proceedings are liable to be quashed.