Sushil Kumar Agrawal v. Krishna Kumar Agrawal

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No. 11 of 2020 Sushil Kumar Agrawal, S/o. Late Shri Mahvir Prasad Agrawal, Aged About 54 Years, R/o. Rai Saheb Ka Bagicha, New Sarkanda, Bilaspur, Chhattisgarh ---- Applicant

Versus

1. Krishna Kumar Agrawal, S/o. Shri Pawan Kumar Agrawal, Aged About 26 Years, R/o. Naya Sarkanda, Bilaspur, District - Bilaspur, Chhattisgarh.

2. Rev. N.L. Soni Ex. Executive Secretary, Indian Church Council Of The Disciples Of Christ Church, R/o. Ashlay Memorial Banglow, Moholla, Jarhabhata, District Bilaspur Chhattisgarh.

3. The India Church Council Of The Disciples Of Christ, Through Its Executive Secretary A.D. James R/o. Rajeev Gandhi Chowk, Jarhabhata, District Bilaspur, Chhattisgarh.

4. Rev. A.Nathaniel, S/o. Rev. Samulel Nathaniel, Aged About 59 Years, Treasurer Paster Of Disciples Of Christ Church, Civil Lines, In Front Of Police Ground, District- Bilaspur, Chhattisgarh ---- Respondents 09.01.2020 Mr. Shashak Thakur, Advocate for the Applicant. Heard This petition is filed by Sushil Kumar Agrawal whose application under Order 1 Rule 10 of C.P.C. was allowed by the judgment dated 12.09.2019 passed in Rev. Petition No.180 of 2019 at Para 21. Learned counsel for the applicant submits that the applicant's interest and the appellants' interest is the same and on one occasion, it was observed that Krisha Kumar Agrawal, the original appellant, has entered into compromise.

The prayer made by the applicant under Order 1 Rule 10 of C.P.C.

cannot be entertained and he cannot be stepped into the shoes of the appellant. He being the interested party has arrayed as respondent. Therefore, the MCC has no merit and accordingly is dismissed. Sd/- (Goutam Bhaduri) Judge ashok