AVINASH KUMAR RAY vs KU. CHHAYA RAY

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 618

ARUN KUMAR SHARMA
AVINASH KUMAR RAY – Appellant
Versus
KU. CHHAYA RAY – Respondent

ORDER : – With the consent of the parties, this appeal is finally heard. This first appeal under section 96 of the Code of Civil Procedure has been filed by the appellant/plaintiff against the common judgment and decree dated 2-8-2021 passed by learned 19th District Judge, Jabalpur, in Regular Civil Suit No. 40-A/14 parties being Avinash Kumar Rai vs. Dr. Kumari Chhaya Rai and two others and also in regular Civil Suit No. 39-A/14 parties being Dr. Kumari Chhaya Rai and two others vs. Avinash Kumar Rai, whereby the Civil Suit No. 40A/14 filed by the appellant/plaintiff has been dismissed whereas the Civil Suit No. 39A/14 filed by the respondents herein (Dr. Kumari Chhaya Rai and two others) has been allowed in part and the decreed the suit according to para 63 of its impugned judgment.

2. The factual assertions as would unveil, are that the parties had filed two different suits against each other with regard to the same property. Since the property in dispute and subject-matter of the case were common, therefore, learned trial Court tried aforesaid two suits together. However, the Civil Suit No. 40-A/14 filed by the appellant herein was dismissed and the Civil Suit No. 39A/14 filed