ANUP MANDAL @ RUDAL MANDAL S/O LATE LILU MANDAL Vs. MINOTI MANDAL DAUGHTER OF LATE LILU MANDAL AND ORS

JUDGEMENT

(1.) Aggrieved by order dated 10.02.2014 in Title Suit No. 04 of 2011 whereby, further proceeding in Title Suit No. 04 of 2011 has been stayed, the present writ petition has been filed.

(2.) The petitioner is defendant in Title (Eviction) Suit No. 08 of 2010. The suit was instituted on 18.02.2010 seeking eviction on the ground of default in payment of rent. The petitioner is younger brother of the plaintiff in the eviction suit. The petitioner filed T.S. No. 04 of 2011 against the plaintiff in Title Eviction Suit No. 08 of 2010. The title suit has been filed for a declaration of his right, title and interest over the suit property which is also subject matter of the Eviction Suit, claiming inheritance as well as perfection of title by adverse possession. In T.S. No. 04 of 2011 the defendant appeared and filed written statement on 27.05.2011 raising various objections besides, an objection under Section 10 C.P.C. On 07.12.2012, issues were framed in Title (E) Suit No. 08 of 2010 and on the same day issues were also framed in T.S. No. 04 of 2011. On 09.05.2013 application under Section 10 C.P.C. was filed in T.S. No. 04 of 2011 by the plaintiff no. 1 and others of Title (Eviction) Suit No. 08 of 2010. The said application has been allowed on the ground that the subject matter in both the suits is the same.

(3.) Heard the learned counsel for the parties.