SATYENDRA TIWARY Vs. M/S. NAVYUG HOMES PRIVATE LIMITED THROUGH ITS AUTHORIZED DIRECTOR, SRI RAKESH KUMAR AGRAWAL AND ORS.

JUDGEMENT

(1.) Petitioner is defendant No. 2 in Title Suit No. 234 of 2010. The suit was filed seeking the following reliefs:--

(2.) The reliefs noted above have quoted from the decree passed in said Title Suit No. 234 of 2010 dated 9.7.2012 by learned Sub-Judge-3rd, Patna which has, though not been annexed either with the present application under Article 227 of the Constitution of India or with an affidavit filed by respondent No. 2, but a copy of which, as furnished by learned counsel for respondent No. 2 has been taken on record. Parties have no dispute about it.

(3.) The present case involves a very short point to be decided; which is, after passing of the decree dated 9.7.2012 by learned Sub-Judge-3rd, Patna, whether the suit is still pending or not with respect to such reliefs upon which there is no adjudication and which are apart from those on which the Court below passed the decree under Order 12, Rule 6 of the Code of Civil Procedure (hereinafter referred to as the "Code").