SHIV SHANKAR BURMAN Vs. PANKAJ CHOUDHARY

JUDGEMENT

(1.) Petitioners are the defendants in Partition Suit No.52 of 2014 which has been filed by Opposite Party No.1 for 2/7th share in the schedule property.

(2.) Defendants appeared in the suit and filed their written statement taking the plea that the present suit being barred under Sec. 10 of the CPC. A separate petition was also filed under Sec. 10 read with Sec. 151 of the CPC to decide this issue as a preliminary decree before proceeding with suit taking the plea that earlier Title (Partition) Suit No.108 of 2001 was filed impleading the same parties, who were litigating under same title, and the said suit was partly allowed against which Title Appeal No.39 of 2017 was filed which was allowed and against which Second Appeal No.155 of 2023 is pending before this Court.

(3.) It is argued by the learned counsel on behalf of the petitioners that multiplicity of the proceeding has been initiated for the same and similar relief.