^j^&^^ /^ '•r <v PBTETIONBR DEFEKDANTS HIGH COURT OF CHHATTISQARH AT BILASPUR WRIT PETITION 227 2IO. 1865/2010 Sio.t. Kamladevi Ratlii (siace died) through its legal representative. 1, Snit, Vimla Sada, W/o Late Ramichaadra Jee Sada, aged about 60 years, R/o near Ranieshwar Jee Jogi house RamLdeen Marg Rajnauadgaon, Distt, Rajnandgaon (C,G.). 2. Ram Rathi S/o Late Shri Radha Krishna Rathi, aged about 58 years, R/0 Kailash Nagar Rajn^pdgaon, Disftt. Rajnaadgaon (C.G.). " \ ' 3. Vmod Rathi, S/o Late Shri Radha Krishna Rafhi, aged about 56 years, R/O Kamal Chhaya Maadir Rajnandgaon, Distt, Rajaao.dgaon (C.G.). 4. Sint. Sobha Chaadak, W/o Mohaa Laljee Chaiidak, aged about 53 years, R/o Nutan Statiouaiy Industry, Near Maharastra Electoacity Boai'd, Khamgaon, Shegaon (M.H.). RBSPONDBNTS PLAINTIFFS VBRSUS l.a c. d. e. f. g- 2. Snit Pai^vati Bai, W/o Tarachaad Chitlaiigya, R/o Gaiijluie Rajnaadgaon, Distt, Rajnandgaon (C,G,). Snit. Usha Tapadiya, W/o Mohaalal Tapadiya, aged about 54 years, R/o Behmd Sawat Ram Meal, Tapadiya Compund, Akola (M.H.). Snit. Ashfa Natwaai, W/0 Mohaalal Natwaai, aged about 52 years, R/o Netional Commercial Corporation Akot, Near Bus Staad,Aloka(M.H.) Narayaii Chitlmigya, S/o Late Shri Tarachand Chiflangya, aged about 50 years, Malviya Nagar Durg (C.G.). Smt. Shobha KachoUya, W/o Shri Vikram KachoUya, aged about 48 years, R/o C. Scheme Sarojni Marg Jaypur (Rajisthan). Sm.t. Ktran Chaiidakya, W/o Madhiisudan Jee Chon.dakysi, aged about 46 yeai's, R/o Tulsi Riag Road kendiya Plot, Akola (M.H.). Jagdish Chitlaagya, Late Shri Tarachaad Chiflaiigya. Shaakar ChiUaagya, S/o Late Shri Narsingh Das Chitlaag}7a, aged about 68 years, R/o Ganj Liae Rajnandgaon (C.G.). Jaykishaa ChiUaagya, S/o Late Shri Narsiaghdas Chiflaagya, aged about 66 years, R/o Chitaagya Marg, Near Ranidev Baba, Rajnaadgaon (C.G.), y^, II '%^'T" ^: -^- 4. 5. 6. Prakash Chaiidra Chiflaiigya, Late Shri Radheshyaxa. Chitiaa.gya, Aged about 50 years, R/o Basaiitpur, Rajnaadgaon (C.G,). Chan.drakan.t Chitlaagya, S/o Late Shri Radheshyain ChiUangya, R/o Gaajline, Rajnaadgaon (C.G,), Manoj Chitlao.gya, S/o Late Shri. Laxmmarayaa Chitlmigya, aged about 43 years, R/o Jal Vihar Colony, Raipur (C.G.). WRIT PETITION UNDER ARTICLB 227 OF CONSTITUTION OF INDIA. (SB :Hon?ble Mr. T.P.Sharma, J.) Present:- Shri Anaad Shukla, Advocate for tlie petitioners. Shri Kishore Bhaduri, Advocate for tlie respondents No, l.a to Ig, 2, 3, 4 & 6. Shri Abhishek Sharaia, Advocate for the respondent No. 5. ORAL- ORDER (Passedon 28/07/2010) 1. Heard. 2. Order inipugned dated 29/1/2010 passed by District Judge, Rajuaadgaon ni civU Suit No, 12-A/2007 whereby appUcation under Section 10 of tlie Code of Civil Procedure, 1908 filed on behalfoftilie petitioners has been disraissed, penised. 3, Learaed counsel for the parties are heai'd, 4, Leained counsel for the petitioners subimts fliat on fhe basis of one lease deed fheater uicludiag ttie residential ai'ea were leased out to one Radha Krishna Ratiii. Eviction suit of theater was filed agamst sonie legal representatives of Radha Krishna Ratlii ia civil suit No. 24-A/2003 which was finaUy decided on 17 /'2/05 thereafter eviction suit relatiag to residential a'ea has been filed agahist some legal representatives of Radha Krishna Ratlii therefore pai'ties in suit property are substantially one aad same .^: ;.^^ - -J' V 6. 7. 8. 9. aad subsequent suit is required to be stayed tUl fiiial decision of fhe earUer suit, On fhe ofher haad, Shri Kishore Bhaduri, Advocate for the respondents No. l,atolg, 2, 3, 4 &6 aad Sliri Abhishek Sharma, Advocate for fhe respondent No. 5 opposed tlie petition aiid subniits tiiat although itiitiaUy entire property was leased out to Radha Krishna RaUii but as a result of partition differcnt heirs becaaie owner aad right holder 6f different part of fhe property, Two different suits have been filed on flie basis of different cause of actiou. Parties or properdes aad cause of action ai-e not one aiid same m both the suits tlierefore subsequent suit is not hit by Section 10 ofthe Code ofCivil Procedurc, 1908. Order unpugned aiid copy ofofher documents perased. Order nnpugned reveal tliat bofh fhe suits are not one aad saiae beteveen saisie parties relatmg to same cause of action aiid issues ai'e also nof one aad saiae, Court below has righfly disniissed fhe petition filed under Section 10 offhe Code ofCivU Procedure, 1908 on behatf of the petitioners, I do not find aay Ulegality ia the order impugned requiriag any mterference, C^nsequentiy, this petition is Uable to be disniissed aiid is hereby disniissed. AU iateriin appMcations are also dismissed. No order as to costs. Sd/- T.P. Sharma Judge ..l^