Aniket Mohan Giri And Others v. Sagar Mohan Giri

(1) 932cra14.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO. 14 OF 2023 Aniket Mohan Giri and ors__ Vs. __Sagar Mohan Giri --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R.J.Shinde, Advocate for the applicants Ms. A.M.Telange, Advocate for the non-applicant. CORAM :

AVINASH G. GHAROTE, J.

DATE : 16/06/2023 1] Mr. Shinde, learned counsel for the applicants does not press the challenge in so far as the impugned order rejects the application under Order 7 Rule 11(b) of the CPC. The only contention raised is that the suit is barred by Order 2 Rule 2 of CPC, as in an earlier Suit No. 12/2022, it is claimed that the nonapplicant has challenged the sale deed dated 15.12.2020 which is also the challenge raised in the present suit. 2] In my considered opinion, the plea is misconceived for the reason that RCS No.40/2021 is a subsequent suit than RCS No. 50/2021 and therefore, the plea of Order 2 Rule 2 of CPC would not be available to the applicants, in relation to RCS No.50/2021, which is a prior suit. The civil revision application is therefore dismissed. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: