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2015 Supreme(Jhk) 151

SHREE CHANDRASHEKHAR
Laxman Sharma – Appellant
Versus
Balrum Sharma – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Ayush Aditya, Advocate Mr. Shashank Shekhar, Advocate For the Respondent No. 1:Mr. P.A.S. Pati, Advocate.

ORDER :

Aggrieved by order dated 14.06.2011 in Eviction Suit No. 112 of 1997, the present writ petition has been filed.

2. It is stated that initially the suit being Title Suit No. 170 of 1997 was filed by the respondent no. 1. The defendant (petitioner herein) is the full brother of the plaintiff. The plaintiff claimed that his father has executed giftdeed in his favour and thus, he became owner of the property in question. The Title Suit No. 170 of 1997 was converted into an eviction suit bearing Eviction Suit No. 112 of 1997. Subsequently, vide order dated 19.01.2001, the plaintiff was again permitted to convert the eviction suit into a title suit however, the plaintiff did not take any step in the matter for correction in the cause title and amendment in the plaint. The defendant (petitioner herein) has also preferred Title Suit No. 94 of 1999 and he preferred an application for analogous hearing of both suits which was dismissed by the Trial Court vide order dated 15.09.2005. The petitioner approached this Court in W.P.(C) No. 6239 of 2005 which was dismissed on the ground that both suits are different in nature and therefore, cannot be heard together. The petitioner again moved








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