R R DUBEY Vs. LAXMIKANT SHUKLA

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution takes exception to the order dated 20.07.2015 (Annexure-P/7), whereby the Court below has allowed the application filed by the defendant Nos.1 to 5 under Section 10 of the Code of Civil Procedure dated 04.03.2015.

(2.) Brief facts necessary for adjudication of this matter are that the petitioner/plaintiff is the owner of Halka No.64 of agriculture land bearing Khasra Nos.227, 305, 306, 307 & 309 on the basis of adverse possession. The case of the petitioner is that the said land was illegally purchased by defendant No.1 from defendant Nos.2 to 5. Thus, petitioner filed the instant Civil Suit No.76-A/2015 for declaring the said sale deed as null and void with further prayer that defendants be restrained from interfering from peaceful possession of the plaintiff in respect of said piece of land.

(3.) In Civil Suit No.76-A/2015, the defendants filed an application under Section 10 of Code of Civil Procedure dated 04.03.2015 (Annexure-P/4) contending that another civil suit filed by the petitioner/plaintiff is pending, which is between the same parties. The suit land in both the cases is same and hence subsequent civil suit be stayed in view of Section 10 of the Code of Civil Procedure. The petitioner submitted his reply to the said application. The Court below after hearing the parties on both the applications, allowed the said application and stayed the proceedings of the instant Civil Suit No.6A/2014.