THE MIDDLE SCHOOL, PETHIYA GOCHHI THROUGH HEADMASTER SUCHITRA KUMAR WIFE OF SRI PREM PRAKASH SHARMA RESIDENT OF MOHALLA Vs. GANESH CHOUDHARY SON OF LATE YADU NANDAN CHOUDHARY RESIDENT OF MOHALLA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the opposite party.

(2.) By the impugned order, the learned court below has rejected the prayer of the petitioner for hearing the eviction suit no. 08 of 2004 pending in the court of Civil Judge Junior Division No. 2, Samastipur and T.S. No. 210 of 2010 pending in the court of Civil Judge Senior Division No. 3 Samastipur analogously.

(3.) This is not in dispute that the aforesaid eviction suit has been filed against the revision petitioner seeking its eviction. The T.S. No. 210 of 2010 has been filed thereafter by the revision petitioner against the plaintiff of the eviction suit claiming the title over the suit premises. The suit premises are common in both the suits and the parties are also same.