SALAMA Vs. WAZIR JAN

JUDGEMENT

(1.) Challenging order dtd. 18/11/2015 passed by IV Additional Civil Judge (Jr.Dn.) and JMFC, Shivamogga, on I.A.no.IV in O.S.no.253/2010 at Annexure-G, this writ petition is filed.

(2.) Shri Aravind C Desai, learned counsel for petitioner submitted that petitioner was plaintiff in O.S.no.253/2010, pending on file of IV Additional Civil Judge (Jr.Dn.) and JMFC, Shivamogga filed for permanent injunction in respect of suit schedule property therein. Likewise, respondents herein had filed O.S.no.215/2010 for permanent injunction restraining petitioner herein from interfering with their peaceful possession over suit schedule property.

(3.) In O.S.no.253/2010, petitioner filed I.A.no.IV under Sec. 151 of CPC, for clubbing of said suit with O.S.no.215/2010. In affidavit filed in support of application, it was stated that O.S.no.215/2010 filed for permanent injunction against applicant/petitioner herein was pending before same Court, documents and evidence required to be led in said suits were same and common adjudication would be required. However, trial Court under impugned order rejected application on wholly untenable grounds. It was submitted merely on ground that schedule properties in suits were different and there was one additional defendant in O.S.no.215/2010, rejection of application would not be justified. It was submitted that since said suit properties were adjacent, holding of joint trial would be necessary to avoid conflicting findings. On above grounds sought for allowing writ petition.