SATYENDRA TIWARY Vs. SARVESHWAR TIWARY

JUDGEMENT

(1.) BOTH the first appeals arise out of the common judgment and decree dated 30.06.2012 passed by the learned Subordinate Judge -III, Patna in Title Suit No. 234 of 2010. First Appeal No. 144 of 2012 has been filed by the intervener defendants whereas First Appeal No. 174 of 2012 has been filed by the original defendant M/s. Navyug Homes Private Limited.

(2.) THE plaintiffs -respondents have filed the aforesaid Title Suit No. 234 of 2010 praying for enforcement of the development agreement dated 29.03.2005 against the appellant of First Appeal No. 174 of 2012. It may be mentioned here that the developer defendant, who is appellant in the First Appeal No. 174 of 2012 was the sole defendant. The plaintiffs claimed the relief that the developer is liable to deliver possession as per the development agreement, 25% of Schedule II and III properties to the plaintiffs as agreed. It further appears that after institution of the suit the interveners filed application for being added as party defendants whose application was allowed and they were added as party defendants, who are appellants in First Appeal No. 144 of 2012.

(3.) THE defendant developer filed written statement. The interveners, who were added as party, subsequently also filed written statement. Thereafter an application was filed by the plaintiffs on 14.09.2010 under Order 12 Rule 6 of the Code of Civil Procedure for passing a judgment and decree on admission against defendant developer in favour of the plaintiffs. By the impugned judgment and decree the court below passed the judgment in terms of Order 12 Rule 6 of the Code of Civil Procedure decreeing the plaintiffs -respondents' suit. Against this judgment and decree passed on admission, both the appeals have been filed.