:^;^^^%sc?^as®%^^^iNKs^®ii;'s%^;^Js^i Petitioner Defendant HIGHCOURT OF CHMATTISGARHAT BILASPUR Writ Petition (227) No. 3298of 2010 Gyanchand Jain, S/o. Shri Nemtehand Jain, sged about 37 years, R/o. Kaiiash Nagar, Rajnandgaon (Chhattisgarh) Respondent Ptaintiff V'e.'sus Praphulia Parakh, S/o. Sh Anupchand Parakh, aged about 38 years, R/o. i^ilash Nagar, Rajnandgaon (Chhattisgarh) (Writ Petition underArticie 227 ofthe Constitution of india) (SB: Hon'ble Mr. T.P. Sharma, J.) Mr.H.B.Agrawai, Senior Counsei v«'ith Mrs.Meera jaiswai, counseS for the petltioner. Mr.Anand Shukia, counse! forthe respondent. ORAL. ORDER (Passed on 1gth August, 2918) 2. ! hsve perused the order datsd 5.3.2010 passed by the First Aeiditional DisSrteS Judge, Rajnandgaon in Civ.i Suit N0.23A/08, where applteation filed by the petitioner under Section 10 of the Code Procedure, 1908 has besn dismissed. 3. As per order impugned and copies of other documents, one Ramratan Bathi had fiied one civii suit bearing Civii Suit NoJA/MO? against Vinod Kumar Rathi, Manager, Durg Grih Nirman Sahkari Samlti Mary'adit, Stats of Chhattisgarh and present respondenfc'ptaintiff for deciaration, iRj'jnctton and other reiiefs, in which the present respondent hss made. defendant that he has purchased the property during pendency of the suit from Vinod - Kumar Rathi. Subsequent suit has been fiied by the respondent agasnst the petitioner for eviction ancS recovsry of rent on the basis of alieged sale desd. BBT y -2.- 4. From perusai of the pleadings of the parties and cjsim of the petitioner, it appears that ths petitioner is a tsnant In the sult premssss and has no othsr c!aim. On this ground, bcth the cases of the parties, cause of action and reiief are not one and the same. The Court beiow 'nas dismissed fhe appiication fiied by the petitioner under Section 10 of the Code of Clvii Procedure. 5. Coples of both the plaints reveai that cause of action and subject are not sams in both ths sufts. The Court below has rightiy dismlssed th appiication fiied undsr Sectlon 10 ofthe Code of Civi! Procedure. find any iltegaiity In the order tmpugnsd. do not 6. CoRsequentiy, the petition being devoid of merit Is Siabie io be dismissed and is hereby dismissed. No order as to costs. Sd/- T.P.Sharma 31- ^