CHANDRA MOHAN RAI Vs. SURAJ NARAYAN LAL

JUDGEMENT

(1.) ORDER Heard Mr. Shashi Shekhar Dwivedi for the appellant and Mr. A.K. Choudhary for respondent No.4 (Smt. Ahilaya Devi). I.A. No. 6874 of 2000 has been filed by the appellant for tranfer of Title (Eviction) Appeal No. 10 of 1999, Title (Eviction) Appeal No. 11 of 1999 and Title (Eviction) Appeal of 8 of 1999, pending in the court of learned District Judge, Samastipur to this Court to be heard analogous with the present appeal (First Appeal No. 496 of 1999). The same was taken up for preliminary hearing on 12.2.2001, and on which date notices were issued on this application and it was also directed that there shall be stay of further proceedings in the said three appeals until further orders of this Court. In the meantime, respondent no.4 has filed I.A. No. 1666 of 2002 to vacate the said interim order.

(2.) THE present appellant had instituted Title Suit No.14 of 1991 for declaration of title of the suit property which was disposed of by the impugned judgment leading to the present appeal. The appellant also preferred Eviction Suit No. 16 of 1993 against one Raj Kumar Gupta which was dismissed, giving rise to the aforesaid Title (Eviction) Appeal No. 10 of 1999. The present appellant had also instituted Eviction Suit No. 15 of 1994 against one Amrendra Bhushan Jha which was dismissed giving rise to the aforesaid Title (Eviction) Appeal No. 11 of 1999. The present respondent no.4 had preferred Eviction Suit no.8 of 1994 against aforesaid Amrendra Bhushan Jha which was decreed giving rise to the aforesaid Title (Eviction) Appeal No.8 of 1999. As stated hereinabove, I.A. No. 6874 of 2000 has been filed in this appeal for transfer of the aforesaid title appeals from the Civil Court of Samastipur, to this Court, inter -alia, on the ground that the subject -matter of the four appeals are over -lapping and the parties are also common. The present appeal relates to declaration of title with respect to Plot no. 110 which is equivalent to Holding no. 158 (old), and 154 (new), covering an area of 12 dhurs and accommodates two shops.

(3.) IN so far as I.A. No. 1666 of 2002 is concerned, the net result is that the present appeal and the three appeals directed to be transferred to this Court are first appeals, wherein all issues of facts and taw would be open to the parties. It would, therefore, be appropriate that interim order dated 12.2.2001 passed by this Court is allowed to continue until further orders of this Court. 4.1) I.A. No. 1666 of 2002 is accordingly disposed of.