Kuldeep Gupta @ Vishal Gupta And ANR v. Manoj Kumar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL REVISION No.13 of 2017 ====================================================== 1.

Kuldeep Gupta @ Vishal Gupta 2.

Navneet Gupta Sons of Suresh Prasad Residents of Mohalla Mauna Phatak, P.O. and P.S. Chapra Town, Town Chapra, District Saran. ... ... Petitioner/s

Versus

1.

Manoj Kumar Son of Late Gulab Chand Prasad Resident of Mohalla Sahebganj, Butanbari, Town Chapra, P.O. and P.S. Chapra Town, District Saran.

2.

Mohammad Salauddin Son of Late Mohammad Sarfuddin Resident of Mohalla Sahebganj, Town Chapra, P.O. and P.S. Chapra Town, District Saran.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagendra Rai For the Respondent/s:

Mr.Dineshwar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-08-2022 Heard both the learned counsel for the parties. Learned counsel for the parties submits that both the cases namely, Eviction Suit No. 11 of 2012 and Title Suit No. 51/2012 are pending for trial in the same Court vide order dated 28.09.2016.

Learned counsel for the petitioners submits that it may be clarified that both the Eviction Suit No.11 of 2012 and Title Suit No.51/2012 be tried separately.

Learned counsel for the respondents submits that both the cases are being tried separately in the concerned Court and there is no need to pass any order in this case.

Patna High Court C.R. No.13 of 2017(6) dt.01-08-2022 2/2 Perused the impugned order.

The last paragraph of the impugned order states as under:- "Thus, it appears that the disputes in both the suits are substantially interconnected. So, it would be conducive to the parties and also just and proper in the interest of justice that both the suits be tried by the same court. Hence, the instant transfer petition is allowed and the Eviction Suit No. 11/2012 pending in the Court of Munsif 1st, Saran at Chapra is transferred to the Court of Sub-Judge 1st, Saran at Chapra for trial and disposal in accordance with law."

The direction as stated above in the impugned order is in clear terms whereby the Eviction Suit No. 11/2012 was transferred to the Court of Sub-Judge 1st Saran at Chapra for trial and disposal. It is submitted by learned counsel for the petitioners that there is no grievance from the Court concerned where the proceeding is going on separately in both cases. In view of the aforesaid submissions of learned counsel for the parties, this Civil Revision is disposed of. (Sunil Dutta Mishra, J) kamlesh/- U