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2018 DIGILAW 2109 (RAJ)

Munni Lal v. Mool Chand Acharya

2018-10-22

SANDEEP MEHTA

body2018
JUDGMENT Sandeep Mehta, J. - By way of this writ petition, the petitioner being the defendant before the trial court has approached this court for assailing the order (Annex.8) dated 3.7.2018 passed by the learned Additional Civil Judge No.3, Bikaner in Civil Suit No.70/2018 rejecting the application filed by the petitioner under Section 10 C.P.C. seeking dismissal of the suit on the ground that a previous suit is already pending in the court of Additional District Judge No.3, Bikaner with the same subject matter in relation to the same property. 2. I have given my thoughtful consideration to the arguments advanced at the Bar and have gone through the impugned order. 3. Ex-facie, on a perusal of the impugned order as well as the pleadings of the two suits in reference whereto, the application came to be filed, it is manifest that the properties involved in the two suits are totally distinct and are situated at different locations. While in the previous Suit No.124/2016 filed before the Additional District Judge No.3, Bikaner, the property involved is a shop located at the Alakh Sagar Road, Koyla Gali, Bikaner whereas the property involved in the suit No.70/2018 (the subsequent suit) is a residential house located at the Vaidhya Magharam Colony, Bikaner. Not only the properties involved in the two suits are different but the prayers made therein are also distinct. Thus, the argument advanced by learned counsel for the petitioner Shri Nishank Madan that the two suits substantially and directly involve the same subject matter is absolutely unfounded. In this background and finding no error apparent on the face of record in the impugned order dated 3.7.2018, I find no reason to exercise this Court's supervisory writ jurisdiction so as to interfere therein. 4. Hence, the writ petition as well as stay application are rejected as being devoid of merit.