LAKSHAMAN RAY Vs. RAM BILASH YADAV

JUDGEMENT

(1.) The present civil miscellaneous petition has been filed to quash the order dtd. 26/6/2021 passed by the learned Sub-Judge-V, Samastipur in Title Suit No.141 of 2009 (Ram Bilas Yadav vs. Laxman Yadav), whereby the petition under sec. 10 of the Code of Criminal Procedure filed by the defendant-petitioner was rejected.

(2.) Similarly, in the case of Sampatti Devi and others (supra), the co-ordinate Bench has held as follows:-

(3.) In the present case, as discussed above, it is an admitted fact that although the subject matter of Title Suit No.141 of 2009 is also a subject matter of Partition Suit No. 24 of 2005, but the entire properties in dispute in both the suits cannot be termed as identical, as such, it cannot be said that the matter in issue was directly and substantially involved in both the cases. In my view, the learned court below has rightly refused to stay the proceedings of Title Suit No. 141 of 2009.