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Aman Channy Vs. Devraj

Aman Channy vs Devraj

Type Court Judgment Court Madhya Pradesh Decided May 13, 2013
~1 min read
https://sooperkanoon.com/case/1046157

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Citation
Court
Madhya Pradesh High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Aman Channy

Advocate Shri. R.N.Nanhorya

Respondent

Devraj

Advocate Shri. R.K.Verma

Excerpt

aman channy & anr. versus devraj & ors.writ petition no :11193. ”13. 05.2013. shri r.n.nanhorya, learned counsel for the petitioners.shri r.k.verma, learned counsel for respondent nos.1 to 3. taking note of the fact that an earlier suit between the same parties with regard to same property is pending consideration in the form of second appeal before this court being s.a.no.344/2009, which is continuation of the earlier suit and based on the same when all the parties agree that the requirement of section 10 of code of civil procedure is attracted in the present case, i see no reason to interfere into the matter. it is an admitted position that the dispute is pending in both the forum the property is the same, the parties are also same and, therefore, the provisions of section 10 are applicable in the said case. taking note of the same if the learned trial court had to stay proceedings in the subsequent suit, no error has been committed by the court below. accordingly, finding no case for interference this petition is dismissed. (rajendra menon) judge ss/-

Full Judgment

Aman Channy & Anr.

versus Devraj & ORS.Writ Petition No :

11193. ”

13. 05.2013.

Shri R.N.Nanhorya, learned counsel for the petitioneRs.Shri R.K.Verma, learned counsel for respondent Nos.1 to 3.

Taking note of the fact that an earlier suit between the same parties with regard to same property is pending consideration in the form of second appeal before this Court being S.A.No.344/2009, which is continuation of the earlier suit and based on the same when all the parties agree that the requirement of Section 10 of Code of Civil Procedure is attracted in the present case, I see no reason to interfere into the matter.

It is an admitted position that the dispute is pending in both the forum the property is the same, the parties are also same and, therefore, the provisions of Section 10 are applicable in the said case.

Taking note of the same if the learned trial court had to stay proceedings in the subsequent suit, no error has been committed by the court below.

Accordingly, finding no case for interference this petition is dismissed.

(RAJENDRA MENON) JUDGE ss/-

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