ARVIND KUMAR Vs. TRILOK KUMAR

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dtd. 7/1/2021 passed by Civil Judge, Class-II whereby proceeding of the suit has been stayed under the provision of Sec. 10 of Civil Procedure Code, 1908.

(2.) The petitioner (plaintiff) and respondent (defendant) are real brother. According to the plaintiff, he is an owner and occupier of the land bearing survey No.1181 area 0.670 hectare situated at Malharganj, District Mandsaur. On 10/1/2018 plaintiff reached to his agricultural field and found that the defendant has illegally encroached over the land. Initially, the plaintiff filed the suit for permanent injunction but later on amended to the extent of relief of possession, means profit and compensation. The suit is pending since 23/1/2018.

(3.) The defendant filed an application under Sec. 151 of CPC seeking dismissal of the suit on the ground that this suit property is a subject matter of First Appeal No.710/2016 (Kesharbai and others V/s Arvind Kumar and others) before this Court in which the order of status quo dtd. 29/6/2016 has already been granted. The plaintiff opposed the said application by submitting that, that suit was filed by Kesharbai, Santosh Kumar and Sanjay Kumar against this present plaintiff and defendant for declaration and permanent injunction in respect of all the Joint Hindu Family Property / land. The entire suit has been dismissed vide judgment dtd. 27/4/2016, therefore, the present suit is not liable to be dismissed.