Unknown vs Vijay
2023 Latest Caselaw 849 UK

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      28.03.2023                        CLR No.10 of 2023
                                        Hon'ble Alok Kumar Verma, J.

Proposed Revision has been filed against the order dated 02.11.2022, passed by learned IInd Additional Senior Civil Judge, Haridwar in Original Suit No.111 of 2008, "Babli vs. Vijay Kushwaha", by which, the application, filed by the revisionist-defendant under Section 10 of the Code of Civil Procedure, 1908, has been dismissed.

Heard Mr. Rakesh Thapliyal, learned Senior Advocate assisted by Mr. Mukesh Kumar Kaparuwan, learned counsel for the revisionist.

Mr. Rakesh Thapliyal, learned Senior Advocate, submitted that the whole of subject matter in both the suit, Original Suit No.317 of 2007, "Vijay Kushwaha vs. Babli and Others" and Original Suit No.111 of 2008 "Babli vs. Vijay Kushwaha" are identical. The First Appeal against the judgment and decree passed in Original Suit No.317 of 2007 is pending before this Court. The said First Appeal has been admitted and both the parties are directed to maintain status quo and both the parties are restrained to create any third party interest over the suit property.

In the facts and circumstances of the case, it would be appropriate to grant an opportunity of hearing to the respondents-plaintiffs also even before passing any order on Admission.

Learned Senior Advocate for the revisionist requested for dasti.

Issue notice to the respondents by usual mode as well as by dasti. Steps to be taken within three days. List on 18.04.2023.

(Alok Kumar Verma, J.) 28.03.2023 Neha