MANAKCHAND RUTHIA Vs. RAJENDRA KUMAR AGRAWAL

JUDGEMENT

(1.) HEARD learned Senior Counsel on the question of admission. This order shall also govern the disposal of the Writ Petition no. 16255/2003, Manakchand Ruthia Vs. Rajendra Kumar Agrawal and another.

(2.) FEELING aggrieved by the order dated 23-10-2007 passed by the 1st additional District Judge, Sehore in Civil Suit No. 3-A/2006 by which the application filed under Section 151 of the Code of Civil Procedure (for short 'cpc') by the first respondent seeking consolidation of Civil Suit No. 3-A/2006 and Civil Suit No. 20-A/2005 has been allowed, the petitioner has filed this petition under Article 227 of the Constitution of India.

(3.) THE petitioner/plaintiff filed a Civil Suit No. 20-A/2005 seeking relief of declaration and permanent injunction against the first respondent. As per the plaint averments first respondent (defendant No. 1) entered into an agreement of sale on 29-9-1998 with the petitioner (plaintiff) to purchase the land out of Survey No. 480 Chawni, Sehore. It is stated that since the defendant no. 1 failed to abide by the conditions of the said sale agreement the sale agreement lost its efficacy. In the circumstances, the defendant No. 1 has no right to claim any right over the said land and is not entitled to interfere into the peaceful possession of the petitioner/plaintiff over the said land.