AVINASH KUMAR RAY Vs. KUMARI CHHAYA RAY

JUDGEMENT

(1.) With the consent of the parties, this appeal is finally heard. This first appeal under Sec. 96 of the Code of Civil Procedure has been filed by the appellant / plaintiff against the common judgment and decree dtd. 2/8/2021 passed by learned 19th District Judge, Jabalpur, in Regular Civil Suit No. 40-A/14 parties being Avinash Kumar Rai vs. Dr. Kumari Chhaya Rai and two others and also in regular Civil Suit No. 39-A/14 parties being Dr. Kumari Chhaya Rai and two others vs. Avinash Kumar Rai, whereby the civil suit no.40A/14 filed by the appellant / plaintiff has been dismissed whereas the civil suit no.39A/14 filed by the respondents herein (Dr. Kumari Chhaya Rai and two others) has been allowed in part and the decreed the suit according to para 63 of its impugned judgment.

(2.) The factual assertions as would unveil, are that the parties had filed two different suits against each other with regard to the same property. Since the property in dispute and subject matter of the case were common, therefore, learned trial court tried aforesaid two suits together. However, the civil suit no. 40-A/14 filed by the appellant herein was dismissed and the civil suit no.39A/14 filed by the respondents herein was allowed in part and passed the decree according to para 63 of its judgment. Dr. Ku. Chhaya Rai and two others were defendants in the civil suit no. 40A/14 instituted on 1/6/2009 by the plaintiff Avinash Kumar Rai / appellant herein and Avinash Kumar Rai was defendant in the civil suit no.39A/14 filed on 25/6/2009 by the plaintiffs Dr. Ku. Chhaya Rai and two others / respondents herein. Avinash Kumar Rai and Dr. Kumari Chhaya Rai are real brother and sister. Both the suits were ordered to be consolidated for analogous hearing by the trial Court by order dated 06-07- 2011.

(3.) It is pertinent to mention here that the question of maintainability of this present appeal arising out of the common judgment and decree has already been dealtwithearliervideorderdated24112021onthepreliminaryobjectionof2 respondents no. 2 & 3 vide I.A. No. 7253/2021.