REETH ABRAHAM Vs. SUNIL ABRAHAM

JUDGEMENT

(1.) The Petitioner - wife is knocking at the doors of Writ Court for assailing the order dtd. 25/11/2022 whereby the learned I Additional Principal Judge, Family Court at Bengaluru in O.S.No.137/2017 having dismissed her application in I.A. No.9 (Annexure-A), has refused to club two pending suits for a common trial and disposal. Learned counsel for the Petitioner vehemently argues that when the matter essentially relates to the same property and the lis is between the ex-spouses, the grant of the subject application was eminently warranted.

(2.) Learned counsel appearing for the Respondent - husband opposes the petition with equal vehemence contending that her client's suit in O.S No. 137/2017 is for partition, whereas petitioners injunctive suit in O.S No. 220/2022 is of recent times; the issues to be decided in the former are different from those in the latter; the impugned order being the product of discretionary power, the indulgence of Writ Courts is not warranted.

(3.) Having heard the learned counsel for the parties and having perused the Petition papers, this Court is inclined to grant indulgence in the matter for the following reasons: