MD FAIYAZ KHAN Vs. SHAHINA PARWEEN

JUDGEMENT

(1.) AGGRIEVED by order dated 24.09.2008 whereby, the application dated 01.03.2008 under Section 10 C.P.C. was dismissed, the petitioners have approached this Court by filing the present writ petition.

(2.) THE application was filed by the defendant nos. 7, 8 and 9 in Partition Suit No. 187 of 2005. Another Partition Suit No. 328 of 1986 was filed in the Court of SubJudgeIX, at Ranchi in which the applicants of Section 10 application are codefendants.

(3.) THE learned counsel for the petitioners submits that the Partition Suit No. 187 of 2005 was instituted by the legal heirs of the defendant no. 4 in Partition Suit No. 328 of 1986. In the previously instituted suit that is, Partition Suit No. 328 of 1986, the petitioners are also made partydefendants and thus, the parties in Partition Suit No. 187 of 2005 are also party to Partition Suit No. 328 of 1986. It is further submitted that the scheduled suit property in Partition Suit No. 187 of 2005 forms part of the scheduled property in Partition Suit No. 328 of 1986. In these facts, it is submitted that if the subsequent suit being Partition Suit No. 187 of 2005 is permitted to continue it may result in conflicting order in as much as, the decree in subsequent suit that is, Partition Suit No. 187 of 2005 would bar execution in Partition Suit No. 328 of 1986.