ORDER

This misc. petition has been preferred by the petitioner/defendant 1 challenging the orders dated 22.01.2024 and 07.11.2023 passed by Civil Judge Junior Division, Jaisinghnagar, District Shahdol, in civil suit no.11-A/2018 whereby defendant 1/petitioner's applications under Order 16 Rule 6,7 CPC have been dismissed.

2. Learned counsel for the petitioner/defendant 1 submits that a civil suit has been filed by respondent 1-Belakali, for declaration of title and permanent injunction in respect of the suit lands on the basis of a Will dated 15.06.2013 allegedly executed by Rangi Bai w/o Surjan and for declaring the orders dated 30.09.2015 and 26.07.2017 null and void as well as other reliefs in respect of Signature Not Verified Signed by: PRASHANT possession over the land in question. He further submits that the property in question belonged to Jaikaran, who was survived by two sons and three daughters namely Surjan, Motilal, Ms.Mehangi Bai, Ms.Devkali and Ms.Moulia. Srujan died issue-less leaving behind his wife Rangi Bai, who also died in the year 2012 issue-less and plaintiff Belakali is daughter of Rangi Bai's sister Ramkali. He further submits that suit property was mortgaged by all the five successors but it was redeemed by petitioner/defendant 1 only by depositing an amount of Rs.3,30,000/- with the Kshetriya Gramin Bank (in short "the Bank") on 29.02.2016 and for proving the factum of redemption of mortgage and deposit of amount of Rs.3,30,000/- by the defendant 1 only with the Bank, Branch Manager of the Bank, is necessary to be summoned. Learned counsel submits that trial Court has rejected second application wrongly on the ground of rejection of previous application. With these submissions, he prays for allowing the misc. petition.

3. Learned counsel for the respondent 1 supports the impugned order and prays for dismissal of the misc. petition with the further contention that one petition against two impugned orders is not maintainable and the witness is not relevant and necessary to be summoned.

4. Heard learned counsel for the parties and perused the record.

5. Perusal of order dated 07.11.2023 (Annexure P/3) shows that an application for summoning the Branch Manager of Kshetriya Gramin Bank, Branch Bansukali, District Shahdol was filed by the petitioner/defendant 1 and was dismissed by trial Court and admittedly, this order was not challenged by the defendant 1/petitioner, which has been challenged along with second order dated 22.01.2024.

6. From the impugned order dated 22.01.2024 it is clear that second Signature Not Verified Signed by: PRASHANT application for summoning the Branch Manager of Kshetriya Gramin Bank, has been filed making some different averments but with the same prayer, which has been dismissed by the impugned order dated 22.01.2024. It is well settled that principle of resjudicata is applicable to the interim applications also.

7. Even otherwise in the present suit which is for declaration of title and permanent injunction claiming right in the property left by Surjan and Rangi Bai, Branch Manager of Bank is not a relevant or necessary witness, which is sought to be summoned for the purpose of proving payment of amount of Rs.3,30,000/- by the petitioner only while redeeming the property from mortgage. It is pertinent to mention here that suit is at the fag end of trial and no counter claim has been filed by the defendant 1/petitioner.

8. In view of the aforesaid discussion, this misc. petition fails and is hereby dismissed

9. Pending application(s), if any, shall stand disposed off.

(DWARKA DHISH BANSAL)

JUDGE pb Signature Not Verified Signed by: PRASHANT