Rajkumar Singhai vs Brijendra Kumar Agrawal
2023 Latest Caselaw 2863 MP

                                                      1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                          ON THE 16 th OF FEBRUARY, 2023
                                           CIVIL REVISION No. 139 of 2023

                          BETWEEN:-
                          1.    RAJKUMAR SINGHAI S/O SHRI BHAGWANDAS
                                SINGHAI, AGED ABOUT 62 YEARS, OCCUPATION:
                                FARMER R/O AJAYGARH PANNA DISTRICT
                                PANNA (MADHYA PRADESH)

                          2.    RAMORAM GUPTA S/O SHRI SHIVPRASAD GUPTA,
                                AGED ABOUT 68 YEARS, OCCUPATION: FARMER
                                R/O REWA ROAD SATNA DISTRICT SATNA
                                (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI BRIJENDRA KUMAR MISHRA-ADVOCATE)

                          AND
                          1.    BRIJENDRA KUMAR AGRAWAL S/O DASHRATH
                                AGRAWAL, AGED ABOUT 49 YEARS, CIRCUIT
                                HOUSE CHOWK SATNA TEHSIL RAGHURAJ
                                NAGAR DISTRICT SATNA (MADHYA PRADESH)

                          2.    SHAILENDRA KUMAR AGRAWAL S/O DASHRATH
                                AGRAWAL, AGED ABOUT 45 YEARS, R/O CIRCUIT
                                HOUSE CHOWK, SATNA TEHSIL RAGHURAJ
                                NAGAR DISTRICT SATNA (MADHYA PRADESH)

                          3.    ANKUL AGRAWAL S/O DWARKADAS AGRAWAL,
                                AGED ABOUT 33 YEARS, R/O CIRCUIT HOUSE
                                CHOWK, SATNA TEHSIL RAGHURAJ NAGAR
                                DISTRICT SATNA (MADHYA PRADESH)

                          4.    DWARKADAS AGRAWAL S/O LATE NARAYANDAS
                                AGRAWAL, AGED ABOUT 59 YEARS, R/O CIRCUIT
                                HOUSE CHOWK, SATNA TEHSIL RAGHURAJ
                                NAGAR DISTRICT SATNA (MADHYA PRADESH)

                          5.    HARSHIL AGRAWAL S/O HARIOM AGRAWAL,
                                AGED ABOUT 32 YEARS, R/O CIRCUIT HOUSE
                                CHOWK, SATNA TEHSIL RAGHURAJ NAGAR
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 2/17/2023
6:42:53 PM
                                                       2
                                DISTRICT SATNA (MADHYA PRADESH)

                          6.    HARIOM AGRAWAL S/O LATE NARAYANDAS
                                AGRAWAL, AGED ABOUT 71 YEARS, R/O CIRCUIT
                                HOUSE CHOWK, SATNA TEHSIL RAGHURAJ
                                NAGAR DISTRICT SATNA (MADHYA PRADESH)

                                                                                        .....RESPONDENTS


                                This revision coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

This civil revision has been preferred by the petitioners challenging the order dated 20.12.2022 passed by Principal District Judge, Satna in MJC

No.447/2022, whereby application filed by the petitioners under Section 24 of the CPC has been dismissed.

2. Learned counsel for the petitioners submits that both the civil suits no. RCS A/2300001/2015 and RCS A/84/2014 are based on two agreements of sale between the same parties and in respect of the same land, therefore, both the civil suits should be decided by the same Court just to avoid passing of conflicting judgments.

3. Heard learned counsel for the petitioners and perused the impugned order as well as all the documents available on record.

4. Apparently, both the civil suits are on the basis of different agreements of sale in question and both the agreements are having different sale consideration. One of the agreements is having value less than one crore and another agreement is having value more than one crore, therefore, both the civil suits have been filed in two different Courts having certain pecuniary jurisdiction and cannot be transferred to one Court, therefore, learned Court below has rightly dismissed the application.

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 2/17/2023 6:42:53 PM

5. Resultantly, this civil revision fails and is hereby dismissed.

6. Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE [email protected]

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 2/17/2023 6:42:53 PM