Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1043 of 2019 Petitioner :- Pramod Kumar Tripathi And 2 Others Respondent :- Nand Kishor Tripathi And 6 Others Counsel for Petitioner :- Ram Raksha Tiwari Hon'ble Manoj Kumar Gupta,J.
The instant petition is directed against the order dated 11.12.2012 by which the trial court has decided issue no.5 against the petitioners. Issue no.5 was whether the suit instituted by the plaintiff-respondents is liable to be stayed under Section 10 CPC in view of pendency of previous suit bearing no.22 of 2005. The said suit was instituted by the father of the petitioners. The petitioners have also challenged the order dated 13.7.2018, by which revisional court has dismissed the revision.
Learned counsel for the petitioners submitted that the previous suit as well as the recently instituted suit are in respect of substantially the same property. It is submitted that in the previous suit, the dispute was with regard to a wall, whereas in the instant suit, the dispute is with regard to a staircase.
Section 10 CPC stipulates that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties.
On query made by the Court as to how the issue involved in the previous suit is substantially and directly in issue in the instant suit, learned counsel for the petitioners is not able to point out anything.
In such view of the matter, this Court does not feel inclined to interfere with the impugned orders. The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J) Order Date :- 22.2.2019 SL