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2025 DAILYLAW 136614 (ALL)

ASHOK KUMAR MISHRA v. ADDL.DISTRICT JUDGE COURT NO.10 HARDOI AND ORS.

A227/4167/2020 · 2025-04-11

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20795 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 4167 of 2020 Petitioner :- Ashok Kumar Mishra Respondent :- Addl.District Judge Court No.10 Hardoi And Ors. Counsel for Petitioner :- Rajendra Prasad Counsel for Respondent :- Avnish Kumar Tiwari Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. Present petition has been filed challenging an order dated 05.11.2019 whereby the revision preferred against an order dated 16.05.2019 was dismissed. 3. In the Civil Suit No.12 of 2003, an application was filed under Section 10 of the CPC stating that an earlier Suit No.98 of 1999 was pending in between the same parties and thus, a second suit was not maintainable. 4. The said contention was rejected by both the Court by holding that Suit No.98 of 1999 was filed for mandatory injunction whereas Suit No.12 of 2003 was filed for arrears of rent and ejectment, and both the suits were for different cause of action. 5. Considering the reasoning recorded, no interference is called for. 6. Present petition is accordingly dismissed. Order Date :- 11.4.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench